Can You Sue a Hospital for Getting Sepsis?

Although sepsis is a dangerous and deadly condition that is known to emerge quickly and suddenly, it is almost always preventable with proper care and treatment. If you or a loved one developed or were diagnosed with sepsis while in or shortly after leaving the hospital, you may be eligible to file a medical malpractice claim and seek compensation for your damages.

Medical providers are educated and trained on how to prevent and look out for any signs of sepsis, which means that there is usually no excuse for a patient developing this life-threatening condition. Talk to a medical malpractice attorney in Washington, D.C., if you experience sepsis.

Defining sepsis

The Mayo Clinic defines sepsis as “a serious condition in which the body responds improperly to an infection.” Therefore, when a person develops sepsis, the processes in the body that begin fighting the infection end up turning against the body, which results in poor functioning of the organs.

If sepsis is not properly diagnosed in time or left untreated, it can turn into septic shock, which has a 30 to 40 percent mortality rate. When this happens, the individual may experience sudden drops in their blood pressure, leading to organ damage or even failure. A few of the symptoms that you should keep an eye out for if you believe you or a family member may have sepsis include:

• Quick or shallow breathing
• Feeling dizzy or lightheaded
• Excessive sweating for no reason
• Feeling cold or chills
• Sudden mental changes

If you have septic shock, you may have a hard time getting up or moving around, appear to be very ill, constantly feel tired or sleepy, have a difficult time staying awake, and experience extreme confusion.

How common is sepsis?

According to Yale Medicine, there are around 1.7 million adults diagnosed with sepsis every single year, and about 270,000 of these individuals die from this condition annually. Therefore, sepsis is, unfortunately, a common diagnosis, especially among patients who recently underwent surgery or a procedure, have a chronic condition, or have developed an illness or infection. Here are a few alarming statistics that show how common and severe sepsis is:

• Sepsis is the third most common cause of death that occurs in hospitals across the United States.
• Sepsis made up 20 percent of all deaths across the world in 2020.
• For every 1,000 patients who are hospitalized with an illness or infection, around 15 percent will experience sepsis before or right after leaving.
• About half of all sepsis cases are children five years of age and younger.

Are certain people more prone to developing sepsis than others?

Yes, there are certain groups of people who are more likely to develop sepsis than others. These groups include:

• Elderly individuals who are 65 years of age or older
• Those who have been treated or are undergoing treatment for cancer, HIV, or another condition that causes a low immune system
• Infants or babies
• Individuals who have taken antibiotics in the last 90 days
• Those who have spent time in the hospital or intensive care unit
• Individuals who have chronic and life-long diseases, such as diabetes, COPD, or kidney disease
• Those who have recently had a device inserted into their bodies, such as a catheter or breathing tube
• Patients who were recently treated for an illness or infection, such as a urinary tract infection, a skin infection, appendicitis, bedsores, or pneumonia

Even though these groups are more prone to developing sepsis, medical providers are aware of what to do to prevent these high-risk groups from developing this condition. If sepsis is not preventable and a person develops the condition, it is crucial that they are diagnosed very quickly to prevent permanent complications and death from occurring. The quicker they are diagnosed and treated, the higher the chance that they will survive.

How is sepsis diagnosed and treated?

In order for a person to be diagnosed with sepsis, they may need to undergo various types of testing, such as:

• Blood tests
• Urine tests
• Tests on wound liquid or pus
• Tests on saliva or mucus from the respiratory tract
• MRIs
• CT scans
• X-rays
• Ultrasounds

If an individual receives a sepsis diagnosis, they will need to be closely monitored and treated around the clock, which usually requires being admitted into the intensive care unit at a hospital. They may be treated with fluids, antibiotics and prescriptions, vasopressors, an oxygen machine, dialysis, and surgery.

Can you sue a hospital for getting sepsis?

You can sue a hospital in Washington, DC, for getting sepsis. However, you must prove that there is a direct connection between your sepsis and the hospital’s negligence. The following are several examples of negligence that can occur in a hospital setting and lead to sepsis:

• Failure to watch or monitor a patient as needed
• Failure to read and keep track of a patient’s records, history, and charts
• Failure to properly close and clean a wound after a procedure or surgery
• Failure to wash or sanitize medical tools, devices, and equipment before or after use
• Failure to frequently move patient, which resulted in infected bedsores
• Failure to wear gloves, masks, and other protective clothing to prevent spreading infections
• Failure to wash hands before touching or treating a patient
• Failure to properly insert an IV, catheter, or other devices

How to prove medical malpractice caused your sepsis

Proving medical malpractice caused by your sepsis can be extremely complicated. However, it is not impossible with the help of an experienced and skilled attorney by your side. An attorney can help you build a strong argument and collect convincing evidence to establish the following four elements, which are essential to proving medical malpractice occurred:

1. Duty of care: You established a patient-provider relationship, meaning that the hospital and providers owed you a duty of care.
2. Breach of duty: The hospital and providers breached their duty of care by acting negligently.
3. Causation: There was a direct link between your sepsis and the hospital or provider’s negligent behavior.
4. Damages: You experienced complications, medical bills, lost wages, pain and suffering, and other damages as a result of the negligence and the sepsis diagnosis.

An attorney can help you collect photos, videos, medical records, doctor reports, eyewitness statements, expert witness testimony, and any other valuable evidence that will help you successfully prove that the hospital was negligent, resulting in your sepsis. The goal of your evidence is to show when, why, how, and where you developed the condition, which can ultimately help you prove liability.

Please contact Paulson & Nace, PLLC, through this contact form or by calling our office.