Sepsis Malpractice: Settlements, Misdiagnosis, and Claims
Vero Beach, FL
In any given year, most of us will battle a few infections. Whether you suffer from the common cold or a urinary tract infection, your body’s immune system will spring into action to protect you. Unfortunately, in some cases, your immune system may overreact, leading to a serious medical condition known as sepsis.
Sepsis is considered a medical emergency. Without prompt, thorough treatment, a patient may experience life-threatening septic shock. In some cases, sepsis is directly linked to medical negligence, whether it be failure to diagnose, delayed treatment, or poor infection control. If you were diagnosed with sepsis that you think may have been caused by medical negligence, our Vero Beach personal injury attorneys can help.
At Gould Cooksey Fennell, we offer committed, compassionate legal representation to clients in the Treasure Coast area who have been affected by medical negligence. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Contact our law offices today to talk to a Florida medical malpractice lawyer.
What Is Sepsis?
Sepsis is a serious medical condition that occurs when a person’s body is trying to fight off an infection. The body essentially turns on itself, using its infection-fighting powers to attack itself. This can make it difficult for the body’s organs to function properly.
As sepsis worsens, the body’s organs do not get as much blood as they should. Sepsis can also cause atypical blood clotting. These clots or burst blood vessels can damage or destroy tissues.
In some cases, sepsis progresses to a condition known as septic shock. This causes a significant drop in blood pressure that can damage the kidneys, liver, lungs, and other organs. If the damage is severe, the patient may even die.
There are several symptoms of sepsis. These signs can include:
- A change in mental status
- Sweating for no obvious reason
- Shallow, fast breathing
- Feeling lightheaded
- Symptoms specific to the infection itself (such as a burning sensation when urinating from a urinary tract infection)
- Shivering
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Symptoms of sepsis are not specific. They can also vary from person to person. Any type of infection can lead to sepsis, so it is important to seek medical treatment if you have an infection that isn’t healing or are showing any signs of sepsis.Â
If a person with sepsis has a hard time staying awake, shows a major change in mental status, or is unable to stand up, they may have septic shock. This is considered a life-threatening emergency.
The most common causes of sepsis include fungal, bacterial, or fungal infections, such as:
- A lung infection like pneumonia
- A digestive system infection
- Infections at catheter sites
- Bloodstream infections
- Infected wounds or burns
- Kidney or bladder infections
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Certain people are more likely to develop sepsis after an infection. This includes both babies and people over the age of 65, along with anyone with a compromised immune system. Others at potential risk for an infection turning into sepsis include:
- People with chronic disease
- Patients admitted to an intensive care unit or who have been in the hospital for a longer period of time
- Patients who have been treated with antibiotics in the last 90 days
- Patients with devices that go into the body, including catheters and breathing tubes
- People with conditions that require treatment with corticosteroids, which can suppress the immune system
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Most people recover from mild cases of sepsis. However, if sepsis progresses to septic shock, the mortality rate is 30 to 40%. In addition, an episode of more severe sepsis can increase the risk for future infections.
Sepsis is usually diagnosed through blood testing and testing of the fluids associated with the infection (such as liquid from the wound, mucus from the respiratory tract, or urine). If the infection site isn’t obvious, then other tests, such as X-rays, ultrasounds, CT scans, and MRIS, can be used to locate soft tissue, lung, organ, and bone infections.
Early treatment increases the likelihood of recovery from sepsis and decreases the risk of the infection progressing to septic shock. Treatments may include:
- Antibiotics
- Intravenous fluids
- Vasopressors to narrow blood vessels and increase blood pressure
- Supportive care, such as oxygen or dialysis
- Surgery to remove infected and/or dead tissues
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While sepsis often begins as a simple infection, it can progress quickly once the body’s immune system overreacts and damages organs. If it reaches the state of septic shock, then the patient’s life may be at risk.
Can Sepsis Be Linked to Medical Malpractice?
Sepsis can sometimes just happen. You might develop an infection from a cut, for example, and your body’s immune response goes into overdrive trying to protect you. In these cases, sepsis is not caused by medical negligence.
There are cases, however, where sepsis is either caused by or made worse by medical malpractice. If a doctor, hospital, or another healthcare provider does not meet the standard of care and a patient is harmed as a result, they could be held liable for medical malpractice.Â
Examples of situations where sepsis may be linked to medical negligence include:
- Misdiagnosis of sepsis, such as overlooking critical symptoms or failing to consider a patient’s medical history
- Delayed diagnosis of sepsis, such as mistaking the symptoms for another condition
- Misinterpreting a patient’s symptoms
- Failure to order the appropriate diagnostic tests
- A delay in administering broad-spectrum antibiotics and/or more targeted antibiotics once the specific infection is identified
- Prescribing the wrong type of antibiotic or too low a dose to treat the infection
- Failure to monitor the patient to ensure that they are responding to treatment
- Inadequate infection control protocols that lead to hospital-acquired infections
- Failure to maintain a sterile environment
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If you have developed sepsis that you think may be related to medical malpractice, you may be able to file a lawsuit against the hospital, surgical facility, doctor, or other healthcare professional. Our experienced Vero Beach medical malpractice attorneys will listen to your story during a free initial consultation. We will then offer you legal advice on your options and give you a ballpark estimate of the value of your case.
When You Can File a Lawsuit for Sepsis
As noted above, sepsis is not always caused by medical negligence. However, there are situations where a person either develops sepsis or their sepsis worsens because of the actions or inactions by a medical provider or hospital. In these cases, you may be able to file a lawsuit.
In a medical malpractice lawsuit, you will need to prove that the healthcare provider or facility deviated from the accepted standard of care. The standard of care is what a reasonably prudent healthcare professional or facility would have done in a similar situation. For example, if a reasonably prudent hospitalist would have ordered broad-spectrum intravenous antibiotics based on a patient’s symptoms and medical history, and your doctor did not do this, then they may have failed to meet the standard of care for the profession.
If you decide to hire a Vero Beach medical malpractice attorney to handle your claim, they will get to work immediately to investigate your case. This will include a review of your medical records, interviews with witnesses, consultations with experts, and an analysis of medical literature.Â
In Florida, a lawyer must take the following steps before filing a medical malpractice lawsuit:
- Conduct a pre-lawsuit investigation to verify the claim.
- Obtain an affidavit from a medical expert stating that the at-fault doctor or hospital violated the standard of care.
- Serve a 90-day notice to the doctor or hospital, giving them time to respond to the claim before a lawsuit is filed.
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Based on the evidence collected during the investigation, your lawyer will work with a medical expert who can offer their opinion that your sepsis was caused by medical negligence. Without this statement, your lawsuit cannot move forward.
In addition to developing a factual basis for the claim, your attorney will also research your damages (losses). In a medical malpractice claim, you may recover money for your medical expenses, lost wages, pain and suffering, emotional distress, reduced quality of life, and other losses. If a loved one died as a result of septic shock caused by medical negligence, you may be able to pursue compensation through a wrongful death lawsuit.
Most personal injury lawsuits, including medical malpractice claims, are resolved outside of court. In other words, there is a strong possibility that your sepsis malpractice claim will be settled. Having a smart, experienced lawyer by your side can increase the likelihood that you will get a fair settlement for your injuries.
Proving that your sepsis was either caused by or made worse because of medical negligence can be challenging. Our law firm has substantial experience evaluating these claims and working with experts in the field who can help us prove that your treating providers and/or the hospital violated the standard of care. We will use our skills and knowledge to help you get the best possible outcome for your claim.
Help for Victims of Medical Malpractice
Sepsis is a serious, potentially life-threatening condition. If you have been diagnosed with sepsis or developed septic shock because of medical negligence, you may have a legal claim against the doctor, nurse, hospital, or other medical professional or facility. Our law firm can help you get maximum compensation for your losses.
At Gould Cooksey Fennell, we are fierce advocates for clients who have been harmed through all types of medical negligence, including malpractice related to sepsis. We are deeply experienced in Florida medical malpractice law and understand exactly what is needed to build a strong medical negligence case for sepsis. To learn more or to schedule a free consultation with a Florida medical negligence attorney, give us a call at 772-758-8756 or fill out our online contact form.
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Notable Medical Malpractice Settlements and Verdicts
A 52 year old man arrived at a hospital ER with a UTI, resulting in negligent, non-emergency intubation that caused the catastrophic anoxic brain injury leading to his death. After a trial involving complex medical and technical issues relating to critical care medicine, infectious disease, hospital administration, and electronic medical record systems, the family obtained a wrongful death settlement of $31.9 million.
Medical Negligence claim arising out of a breach in the standard of care by failing to follow physician’s orders and hospital policies with regard to timely assessments of the Plaintiff and her vital signs; failing to recognize signs of respiratory distress; and failing to follow hospital policies regarding recording and disposal of PCA morphine.
Trial arising from failure to diagnosis colon perforation after a laparoscopic hysterectomy surgery causing permanent injury to the Plaintiff. After a three week trial a Martin County jury rejected the Defendants’ position finding the hospital 70% responsible for Mrs. Moore’s damages and the physician 30% responsible. The award included just over $600,000 for past medical expenses, $370,000 in future medical care, and non-economic damages of almost $2 million.
Gould Cooksey Fennell served as Co-Counsel in a Georgia case involving alleged misdiagnosis/mistreatment of preeclampsia resulting in the death of a 39 year old mother.
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