Sepsis in Nursing Homes
- Reviewed By
Anthony C. Lanzone, Founding Partner
Table of Contents:
- Our Trusted California Sepsis Lawyers Are Here To Help
- What Is Sepsis?
- How Does Sepsis Occur in a Nursing Home Facility?
- Can Nursing Home Staff Be Held Liable For Sepsis?
- How To Prove Negligence in Sepsis Cases in California
- Compensation for Sepsis Injuries in Nursing Homes
- Time Limit for Filing a Sepsis Lawsuit in California
- Get Justice For You or Your Loved One’s Sepsis Injuries Today
Nursing home staff can prevent most cases of sepsis by monitoring residents diligently and following infection control guidelines. If sepsis does develop, early detection is crucial for preventing complications and ensuring survival. Attentive and well-trained nursing home staff can recognize the early signs of sepsis and prevent it from progressing by obtaining prompt emergency treatment.
Undetected and untreated sepsis can progress quickly and is often fatal. Even if your loved one survives advanced sepsis, they may suffer severe organ damage, cognitive impairment, and weakness. If you or your loved one has developed sepsis in a nursing home and experienced complications or death, you may be entitled to substantial compensation. We handle cases across all of California. Contact us online today or call (888) 887-9777 for a free consultation.
What Is Sepsis?
Sepsis is an extreme response to an infection. It occurs when the immune system overreacts to an infection, setting off a chain reaction that leads to tissue damage, organ failure, and death. It most commonly begins as an infection of the lungs, skin, gastrointestinal tract, or urinary tract.
The initial condition is usually a bacterial infection, most commonly staphylococcus, E. coli, and streptococcus. These infections are often resistant to antibiotics, making them especially dangerous. Methicillin-resistant Staphylococcus aureus, or MRSA, is an antibiotic-resistant staphylococcus that often spreads through nursing homes. Any infection, including viral and fungal infections, can lead to sepsis. COVID-19 symptoms are often similar to sepsis.
Sepsis is a medical emergency requiring immediate medical attention. According to The Centers for Disease Control and Prevention, approximately one-third of patients who have died in a hospital had sepsis during their hospitalization. The initial signs and symptoms of sepsis are vague and can initially be mistaken for other conditions. If you notice any combination of the following sepsis symptoms, call 911, even if you or your loved one is in a nursing home:
- Fever
- Rapid heart rate
- Rapid breathing
- Confusion
- Extreme pain
- Clammy or sweaty skin
- Shortness of breath
- Low blood pressure
The Stages of Sepsis
Once sepsis develops, it can progress rapidly, resulting in death within 12 hours. Sepsis becomes increasingly deadly and harder to treat as it progresses. The following are the three stages of sepsis:
- Sepsis – An infection triggers systemic inflammatory response syndrome.
- Severe sepsis – Organ dysfunction begins due to low blood pressure and reduced blood flow.
- Septic shock – Blood pressure remains extremely low despite treatment, resulting in multiorgan dysfunction syndrome.
How Does Sepsis Occur in a Nursing Home Facility?
Nursing home residents usually have multiple health conditions leading to their placement in a nursing home. They are more susceptible to sepsis than the general population. The risk factors for sepsis include an age of 65 or older, a weakened immune system, chronic medical conditions, recent hospitalizations, and a history of sepsis.
Understaffing, poor staff training, low wages, and high staff turnover are common problems in California nursing homes, and they contribute to infections and delayed detection of sepsis. The following forms of nursing home negligence put all residents at an increased risk of sepsis injuries:
- Poor hand hygiene
- Overuse and mismanagement of indwelling urinary catheters
- Failure to properly clean and disinfect medical equipment and devices
- Delayed diagnosis and treatment of infections
- Failure to keep residents up-to-date on vaccinations
- Negligent wound care
- Inadequate control of chronic conditions, such as diabetes
- Inadequate resident supervision
- Failure to reposition immobile residents and prevent bedsores
- Failure to contain MRSA, COVID-19, and other outbreaks
Can Nursing Home Staff Be Held Liable For Sepsis?
Yes, you can hold a nursing home and its staff liable for sepsis if your loved one develops sepsis because of nursing home negligence. Many cases of sepsis are preventable through conscientious infection control and careful resident monitoring. Even when sepsis does occur, most people survive if they receive prompt treatment. Too often, nursing homes fail to detect sepsis until it is too late.
A nursing home has a legal duty to provide every resident with a reasonable standard of care. This duty obligates the facility to ensure a safe and sterile environment, prevent infections through quality care, monitor residents often enough to catch sepsis early, and provide prompt emergency treatment when needed. There is no excuse for nursing home negligence, including understaffing.
Our Trusted California Sepsis Lawyers Are Here To Help
We are a leading elder abuse law firm in the United States with over 75 years of experience standing up to nursing homes and advocating for elder rights. We provide compassionate legal support with a customized approach, so you and your loved one receive the individualized care you deserve. Through our hands-on approach, we have recovered more than $200 million in compensation for victims of elder and nursing home abuse.
When you choose Lanzone Morgan, LLP, you get a proven team of advocates dedicated to maximizing your compensation and supporting your entire family. We have seen the devastating effects of sepsis injuries firsthand, and we are passionate about getting justice for your loved one. Our caring California nursing home abuse lawyers provide emotional assistance, counseling, and resources to help you through this difficult time. We will be available to your family 24 hours a day, seven days a week.
We know the signs, symptoms, and causes of sepsis, and you can count on us to get the best results possible. As experienced trial lawyers, we will not accept less than you deserve. We will negotiate aggressively for full compensation and be ready to take your case to trial if necessary.
“My sisters and I suffered a great loss of our mother due to neglect. From start to finish, Lanzone Morgan, LLP, has been amazing. They worked quickly in getting all the info they needed and always kept great communication with me. Once they decided to take my case, they were thorough and upfront about expectations. I always felt like I was in great hands. My lawyers answered all of my questions and made the whole process very easy for me. I feel like they gave my mom a little justice. I would highly recommend Lanzone Morgan, LLP; they are truly amazing!”
How To Prove Negligence in Sepsis Cases in California
To prove negligence in a nursing home sepsis case, you must prove that all of the following elements of negligence were present:
- Duty of care. Your loved one was a resident at the nursing facility.
- Breach of duty. The facility’s staff failed to provide the appropriate professional standard of care.
- Damages. Your loved one has suffered harm they would not have suffered were it not for the breach of duty.
- Proximate cause. The breach of duty is the actual cause of your loved one’s sepsis injuries.
It takes compelling evidence to connect sepsis injuries to a nursing home’s breach of duty. You will need your loved one’s complete medical history, treatment records and notes about the sepsis, eyewitness testimony, and medical expert testimony.
Our experienced California sepsis attorneys will conduct a thorough investigation into how the nursing home contributed to the progression of sepsis and why your loved one developed sepsis in a nursing home at all. We will investigate every health care provider involved in your care. With decades of combined experience handling nursing home sepsis injuries, we can build a strong case that shows exactly how the nursing home caused or contributed to your loved one’s injuries and recover maximum compensation.
Compensation for Sepsis Injuries in Nursing Homes
Sepsis compensation includes economic and non-economic damages. Economic damages cover monetary losses, while non-economic damages cover emotional losses. Your loved one may be able to recover the following economic and non-economic damages for sepsis injuries:
- Medical expenses
- Therapy and rehabilitation costs
- Pain and suffering
- Disfigurement
- Loss of limbs
- Cognitive impairment
- Disability
- Loss of bodily functions
If your loved one dies of sepsis, you may be entitled to economic and non-economic damages through a wrongful death lawsuit, including funeral expenses, burial expenses, and loss of companionship. Our compassionate California wrongful death attorneys understand how devastating it is to lose a loved one, particularly when you know they suffered and that the death was preventable. We will support and guide your entire family while we fight for the justice your loved one deserves.
How Much Is My Sepsis Case Worth?
The amount you or your loved one recover will vary based on the facts specific to your case. The most important factors include the cost of medical care, the nature and severity of the injuries, your loved one’s age, and whether the injuries result in death. Economic damages will cover the costs you can prove with documentation.
California has enacted limits on non-economic damages, which vary based on the year you file your case. The limit for residents who survive sepsis and file their lawsuit in 2025 is $430,000. This limit increases by $40,000 each year. In 2026, the limit will be $470,000. The limit will reach $750,000 in 2034. From that point forward, the limit will increase by two percent annually.
If your loved one dies of sepsis, you can recover up to $600,000 in non-economic damages in 2025. This amount increases by $50,000 annually until 2034, when it will reach $1 million. It will increase by two percent each year thereafter.
As proven trial attorneys with experience handling complex cases, we know what it takes to recover the maximum compensation available for your case.
Time Limit for Filing a Sepsis Lawsuit in California
The California statute of limitations for sepsis lawsuits is three years from the date the negligence occurred or one year after you discovered the injury, whichever comes first. Before filing your lawsuit, you must also give the defendants at least 90 days’ notice that you intend to file a lawsuit. If the statute of limitations expires less than 90 days after you serve the notice, it can be extended to the end of the 90 days to allow you to file your lawsuit.
It is crucial to contact an experienced sepsis lawsuit lawyer in California as soon as possible rather than waiting for the deadline to approach. It takes substantial time to gather evidence, collaborate with experts, and build a strong case. At Lanzone Morgan, LLP, we can prepare and file your lawsuit before the deadline and meet all requirements on your behalf.
Get Justice For You or Your Loved One’s Sepsis Injuries Today
We are dedicated to advocating for elder rights with passion and precision. When you choose our California sepsis lawyers, you will benefit from our hands-on approach, fast response times, and commitment to compassionate legal support. Don’t wait – start your journey to justice today.
Contact us online or call 1(888) 887-9777 to schedule your free, comprehensive case review.
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.
VIEW SOURCES
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.