If your loved one was affected by sepsis in a nursing home, you can seek justice.
By PIeRCE | SKRABANEK
PUBLISHED ON:
January 6, 2025
UPDATED ON:
January 15, 2025
Can You Sue a Nursing Home for Sepsis?
No one should have to endure preventable harm, especially in a place whose sole purpose is to care for them. The last place an elderly loved one should suffer is in the care of professionals who you have entrusted with your family member’s health and protection.
You can sue a nursing home for sepsis if you or a family member is the victim of abuse or neglect. To do so, partner with a nursing home abuse lawyer. Together, we can seek justice and damages from any liable parties.
Pierce Skrabanek has decades of experience helping families all over the nation, recovering over $500,000,000 in verdicts and settlements for our clients. We can represent your best interests and protect your family’s rights. To get started, contact us online or call us at (832) 690-7000 today.
How Serious Is Sepsis in the Elderly?
According to the Mayo Clinic, sepsis is a medical condition that occurs when the body does not respond properly to an infection. With sepsis, the body cannot fight infections. This can affect organ function and lead to septic shock.
Septic shock is the final stage of sepsis, and it happens when an infection causes severe inflammation. If a person experiences septic shock, their blood pressure can drop to a dangerously low level. The condition can be life-threatening.
At Pierce Skrabanek, our team consists of highly experienced medical misdiagnosis lawyers who fight for those forced to deal with the ramifications of sepsis and septic shock. We can evaluate your case and determine if you are eligible to sue a nursing home. If so, we can submit your claim promptly.
What Are the Causes of Sepsis in Elderly Nursing Home Residents?
Sepsis in elderly individuals is incredibly serious. According to the Sepsis Alliance, adults aged 65 and older are 13 times more likely to be hospitalized with sepsis than adults under 65. If left unaddressed, sepsis can be fatal.
As people age, their immune systems weaken, making them more vulnerable to infections that can quickly spiral out of control. The elderly are often more fragile and may have underlying health issues that complicate their ability to fight off infections. Because nursing home residents typically require close care and assistance, even minor neglect or oversight can put them at an increased risk for developing sepsis.
Therefore, there is a wide range of causes of sepsis in elderly patients, including:
Urinary tract infections (UTIs)
Pneumonia
Infected wounds
Meningitis
Endocarditis
Important Warning Signs of Sepsis
Identifying sepsis in elderly patients can be especially tricky because its symptoms often overlap with those of preexisting conditions like diabetes, heart disease, or dementia. In many cases, elderly individuals may not display the typical signs of infection, making it harder to detect.
Furthermore, their bodies might not react as strongly to infection and may not show obvious symptoms like fever or rapid heart rate. Because of these challenges, sepsis can easily go unnoticed, especially if the nursing home staff isn't attentive or properly trained.
Those dealing with sepsis may be prone to:
Lightheadedness
Shivering
Shortness of breath
Confusion
High heart rate
Fever
At Pierce Skrabanek, we understand the physical and emotional challenges that come with sepsis. We understand what you are going through and work diligently to assist you in any way we can. Trust our team to help you sue a hospital or nursing home for bedsores, sepsis, or other forms of abuse or neglect.
Understanding Your Right to Sue a Nursing Home for Sepsis
You have the right to sue a nursing home for sepsis. In a lawsuit, you or a family member can request economic and non-economic damages. By working with an experienced team of attorneys, you can ask for compensation for many reasons, including:
Medical expenses
Pain and suffering
Loss of enjoyment
Burial and funeral expenses
Suing for sepsis in nursing homes offers no guarantees, and you must provide strong evidence to support your argument. To help you get damages, your lawyer may use medical records, witness statements, and other proof in your case. They also consider how the nursing home will argue their case against you.
At Pierce Skrabanek, we fight for the rights of nursing home abuse and neglect victims and their families. We have secured numerous multi-million dollar verdicts and settlements in personal injury cases. Our team can help you build an argument that demonstrates the full extent of harm you have suffered.
Who Can Sue a Nursing Home for Sepsis?
You can sue a nursing home for sepsis if you are a resident or your loved one is a resident who is dealing with this condition. For example, nursing home staff may not provide you or your loved one with the care needed, leading to sepsis. In this instance, you may have grounds for a lawsuit.
Sadly, a family member living in a nursing home can die due to sepsis. If this happens, a surviving family member may be able to file a wrongful death lawsuit.
If you are unsure about your eligibility to sue a nursing home for sepsis, legal guidance can shed light on your situation. The team at Pierce Skrabanek is on standby to help you determine if you are able to request damages and, if so, how much time you have to file your lawsuit.
How Much Time Do You Have to Sue for Sepsis?
In most states, you have up to two years from the date of a personal injury to sue for damages. If you are dealing with sepsis, you have two years from the date you discover this issue to file a lawsuit. Beyond two years, you may be solely responsible for your medical bills and other sepsis-related damages.
In a wrongful death lawsuit, the statute of limitations is generally two years. The emotional toll that follows the death of a family member in a nursing home due to sepsis can be overwhelming. By working with a lawyer, you can receive the legal care and support you need during this difficult time in your life.
We understand that meeting with a lawyer may not be your first consideration as you cope with the loss of your loved one. Yet, an attorney puts the needs of you and your family front and center. They advocate for you, protect your legal rights, and put you and your loved ones in a position to hold nursing home staff accountable for their negligence.
Pierce Skrabanek proudly serves clients all over the U.S. Our team can help establish liability and assist you in taking legal action against them. Contact us today for a free consultation by calling (832) 690-7000.
Who Is Liable for Sepsis in Elderly Residents?
Nursing home staff and the facility itself can be liable for sepsis. Staff members are responsible for maintaining a clean facility, assisting patients, and taking other measures to minimize the risk of sepsis and other problems. If they fail to provide an adequate standard of care, these individuals and their facility can be ordered to pay damages.
Duty of Care in Nursing Homes
To hold a party liable for sepsis, you must show that they had a duty of care toward you or a family member living in a nursing home. You must verify that nursing home staff were careless or reckless and put you or a member of your family in danger. Also, you must prove the at-fault party's actions led to sepsis, and you face quantifiable or subjective losses as a result.
Environmental Conditions
In your case against a liable party, you may prove that a nursing home's conditions were poor. For instance, you could use nursing home photos and videos to highlight the state of the facility to a judge or jury. This visual proof could compel a judge or jury to award you damages.
Failure to Diagnose or Treat
Meanwhile, you can hold nursing home staff at fault if they do not diagnose or treat sepsis. It is reasonable to expect staff members to respond to your medical concerns and questions or identify and address any health issues that their patients experience. If staff members make mistakes, they can cause patients to suffer sepsis and be held accountable financially.
The team at Pierce Skrabanek faces the opposition with tenacity and vigor. No matter who is liable for sepsis, we commit time and resources to build a compelling case against them. With our help, you may be able to recover a fair settlement in your sepsis lawsuit.
How to Get a Settlement in a Sepsis Case
Your lawyer will file your claim in alignment with the statute of limitations. Before your case goes to trial, your attorney can negotiate a settlement.
Should I Settle?
You are not legally required to settle your lawsuit. Alternatively, settling your case can help you get compensation in less time than what may be needed if you present your lawsuit to a judge or jury. The defendant in your case can propose a settlement prior to your trial date, and you can review an offer with your attorney.
A nursing home could propose a settlement if you have a wealth of evidence to use against them. If this happens, you should not discuss the settlement with the facility directly. Otherwise, you risk accepting a settlement that is well short of what you want or saying something that could compromise your case.
Gain Insight Into Your Settlement Proposal
Your lawyer will let you know if the defendant proposes a settlement. They can share their feedback about an offer with you and advise you on what to do with it. Regardless, you make the final decision on whether to accept or reject the proposal.
If you are satisfied with a settlement proposal, you can approve it. At this time, you receive compensation you can use to cover your sepsis-related losses. This closes your case, and you do not have the right to ask for damages from a liable party at a later time.
Proceed to Trial
For those who are focused on getting justice, a settlement may not be a viable option. Your lawyer wants you to achieve the case results you deserve. If you do not want to approve a settlement, you and your attorney can keep strengthening your case and preparing for your trial.
Get the Legal Help You Need to Sue a Nursing Home for Sepsis
Suing a nursing home for sepsis may seem like it is more trouble than it is actually worth. However, if you choose not to seek damages, you will be 100% responsible for your sepsis-related losses. On top of that, you let nursing home staff off the hook for their negligent acts toward you or a member of your family.
Pierce Skrabanek has more than 30 years of combined legal experience on our team. We help nursing home abuse and neglect victims nationwide. Our team handles nursing home abuse and neglect cases and will help you fight for damages in your sepsis lawsuit. To schedule a free, confidential case consultation, contact us online or call us at (832) 690-7000 today.
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