Sepsis in Nursing Homes

When someone goes to live in a nursing home, whether it’s a short or long-term stay, you want to believe that they’ll be well taken care of. While healthcare professionals have a duty and do everything in their power to provide the best care possible, nursing home residents can still get sicker and deal with serious infections. 

One of the various infections that residents might contract is sepsis. Sepsis in nursing homes is particularly problematic due to the severity of the infection, the residents’ ages, and their less-than-great health status. [1] Sepsis is a preventable infection, and if you or a loved one has contracted sepsis in a nursing home due to negligence, you have legal options. 

What is Sepsis?

Sepsis is a serious, life-threatening condition that happens when the body is reacting to an infection. As the body struggles to fight off the existing infection, sepsis causes inflammation throughout the body which when not caught early or treated, can lead to organ failure and death. 

It happens when chemicals are released into the body’s bloodstream to try and fight the infection but end up having the opposite effect. While many people become septic, it’s not always a dire situation as long as it’s caught quickly. 

The reason sepsis is so serious when it comes to a nursing home resident is because of how vulnerable the elderly population is. Nursing home neglect can lead to a resident going into septic shock and being admitted to the hospital or worse. 

Why You Need a Nursing Home Sepsis Lawyer

When a nursing home resident becomes septic and gets extremely sick or even passes away, hiring a nursing home sepsis lawyer should be on your priorities list. Sepsis is a medical emergency, and when it occurs in nursing homes, it is often due to negligence from the healthcare staff or organization overall. 

Sepsis can be prevented, and with early treatment, many recover. If you or a loved one have suffered from sepsis due to the negligence of a nursing home, you need an experienced attorney to help protect your rights and hold those accountable. 

Investigating Your Claim

Working with an experienced nursing home abuse lawyer means you’ll have someone to help investigate your claim. A thorough investigation is critical in building a strong case and identifying all the liable parties. Our attorneys will help investigate by: 

• Interviewing witnesses to the negligence or abuse that led to the resident having septic shock. 
• Reviewing medical records to understand what led up to the resident getting mild or severe sepsis. 
• Gathering evidence of negligence or malpractice that might have contributed to the nursing home resident getting sepsis. 
• Consult with medical experts who can provide testimony to support your claim and determine if the standard of care was met. 

Establishing Maximum Damages

Without early treatment, and even with it, sepsis can have serious consequences that will impact the resident long-term. This includes health issues, disabilities, and the potential for death. These damages aren’t minor, and when you partner with an experienced nursing home neglect lawyer, we’ll establish maximum damages in your claim by: 

• Assessing the pain and suffering experienced by the resident. 
• Calculating the medical expenses associated with the sepsis infection and any future costs it might cause. 
• Determining if there’s been any loss of quality of life or a physical or mental disability due to the sepsis. 
• If the resident dies, it’s considered wrongful death, and we’ll evaluate the total impact the death had on the entire family.

Negotiating Your Settlement

The vast majority of nursing home sepsis claims are handled outside of court, and when you have an experienced lawyer on your side, they’ll negotiate a fair settlement based on the damages found. Attorneys will help negotiate by: 

• Advising you on whether you should accept the settlement or continue negotiations. 
• Presenting the evidence found during the investigation. 
• Countering any offer the insurance company makes to minimize your payout. 
• Arguing for the full value of all the damages presented on your claim.  

Representing You in Court

Sometimes, a fair settlement can’t be reached out of court. When that happens, a nursing home sepsis lawyer will fight for your rights in the courtroom. Lawyers will be prepared to take your case to court and: 

• Fight for the maximum compensation based on the evidence and damages the resident suffered. 
• Present your case before the judge and jury. 
• File all the necessary paperwork with the courts to initiate the lawsuit. 
• Cross-examine all witnesses and challenge the nursing home’s defense. 

Signs and Symptoms of Sepsis on Nursing Home Residents

The main thing to be concerned about with sepsis in nursing home residents is being able to spot the signs and symptoms of it. Early detection is critical to treating the patient and preventing the infection from progressing to serious levels. The early signs of sepsis you can look for include: 

• Chills or shivering 
• Fever or a low body temperature
• Confusion and disorientation 
• Rapid heart rate (tachycardia)
• Rapid breathing (tachypnea)
• Clammy or sweaty skin

These signs are common in many other infections and health conditions, but with how severe sepsis can be, being on the lookout for them is vital. If you notice these symptoms and they’re not getting better with treatment, worsening symptoms of sepsis or that someone is going into septic shock are: 

• Abdominal pain 
• Extreme confusion and disorientation 
• Difficulty breathing 
• Dizziness
• Significantly decreased urine output 
• Nausea and vomiting 
• Low blood pressure (hypotension)
• Organ failure

Why Elderly Residents Are at Higher Risk

The elderly, especially those living in a nursing home, are at a higher risk for most infections, including sepsis. The reason nursing home residents are at a higher risk include: 

• Chronic Health Conditions: Most residents already have at least one pre-existing condition like heart disease, diabetes, or chronic obstructive pulmonary disease (COPD) which makes it harder for the body to fight infections. 
• Weakened Immune System: The older we get, the weaker our immune system gets, even if you’re relatively healthy. A weakened immune system makes it easier to become septic and harder to fight off infections without serious medical intervention. 
• Difficulty Communicating Symptoms: Many nursing home residents struggle to communicate their symptoms well to staff. Whether it’s because they physically can’t speak to tell them, don’t realize something’s wrong, or feel embarrassed, lack of communication means sepsis can get worse before anyone realizes what’s happening. 

Common Causes of Sepsis in Nursing Homes

In addition to knowing the signs of sepsis, knowing its common causes in nursing homes is just as important. 

Infections

Untreated infections can cause a resident to become septic. Some of the most common types of infections that are linked to sepsis in nursing homes are: 

• Skin infections like wounds and bedsores 
• Pneumonia 
• Urinary tract infections (UTIs)
• Gastrointestinal infections 

Neglect and Inadequate Care

While even a nursing home that provides the best care possible can have residents get sepsis, some facilities have septic residents due to nursing home abuse or neglect. Neglect and inadequate care are contributing factors to sepsis in nursing homes. Some reasons that lead to insufficient care and neglect include: 

• Understaffing spreads staff too thin and can lead to staff missing the signs of sepsis. 
• Staff who fail to recognize or weren’t trained to recognize the early signs of infection and allow it to progress too far. 
• Poor infection protocols include improper wound care, bad hand hygiene, and failure to isolate contagious residents. 
• Delays in staff being able to provide proper medical care for any reason. 

Filing a Nursing Home Abuse Claim 

If you or a loved one have suffered from sepsis while under the care of a nursing home, you can likely file a claim for nursing home abuse. Anyone who can file claims might vary from state to state, so it’s essential to consult an experienced nursing home neglect attorney. Those who generally have the right to file a claim of this sort are: 

• The nursing home resident, if they’re of sound mind, to do so themself. 
• The legal guardian of the resident. 
• The resident’s power of attorney. 
• The resident’s family members can often file on their behalf, whether they’re alive or deceased. 
• An estate representative of the resident if they’ve passed away. 

Recoverable Damages for a Nursing Home Sepsis Claim

Once you file a nursing home sepsis claim, you’ll start building a case to seek compensation for what happened. Your attorney will review the case and evidence and then present what your recoverable damages might be. Examples of recoverable damages in these types of cases include: 

• Punitive damages 
• Pain and suffering 
• Current and future medical expenses 
• Wrongful death (if the resident passed away from the sepsis)
• Loss of enjoyment of life 
• Disability 

Get The Best Legal Representation for a Nursing Home Sepsis Lawsuit

At the Nursing Home Law Center, we understand the intricacies of handling nursing home abuse and neglect cases. Our legal team has the experience to handle your sepsis claim with the compassion and attention to detail it deserves. 

We pride ourselves on holding the nursing home and any other liable parties responsible for their actions, getting you the maximum compensation possible, and guiding you through the process every step of the way.  

If you believe you or your loved one got sepsis due to negligence by the nursing home, contact the Nursing Home Law Center at (888)-926-7565 for your free consultation. 

References: [1] Mayo Clinic