Can I File a Medical Malpractice Lawsuit for Sepsis?
4January2018
If you or a loved one is suffering or suffered from sepsis you may be wondering if you can file a medical malpractice lawsuit for sepsis to recover damages. Several factors must be present to bring any type of medical malpractice lawsuit and sepsis injuries are no different.
What is sepsis?
Sepsis is the existence of harmful bacteria and their toxins in tissue; it is a potential complication of all types of infection but most often the result of an infected wound. Specifically, sepsis takes hold when the immune system releases chemicals into the bloodstream to fight an infection but they cause inflammation throughout the entire body instead.
Sepsis is a potentially life threatening condition that can cause septic shock, organ failure or a dangerous drop in blood pressure. More than one million patients are hospitalized for sepsis every year in the United States. People with serious chronic health conditions are at particular risk for acquiring sepsis.
When is it appropriate to file a medical malpractice lawsuit for sepsis?
Several factors must exist before a medical malpractice lawsuit for sepsis can be brought. These elements are:
- The injured party must have been treated by the medical professional or at the hospital in question within a reasonable timeframe before sepsis was acquired.
- It must be proved that the health care provider or hospital acted negligently; that there was a deviation from the reasonable standard of care expected from a qualified peer under similar circumstances. To make this determination, expert medical witnesses will evaluate and testify about patient risk factors like prior health conditions, organizational risk factors such as communication breakdowns and iatrogenic risk factors including basic sanitation and health practices.
- Evidence that the physician or hospital’s negligence was directly responsible for the patient’s injuries.
- Evidence that the injuries caused damages such as pain and suffering to the victim or their family.
How does a medical malpractice lawyer handle a sepsis lawsuit?
A good medical malpractice attorney treats their client with compassion and care while fighting for justice on their behalf. Once it has been established that a medical malpractice case exists, the lawyer will take the burden of the case off of the victim’s shoulders so they can focus on caring for themselves.
Some of the things a medical malpractice lawyer does for a sepsis injury:
- Build a case by gathering witness statements, photographs and medical reports.
- Retain expert witnesses who will be able to support the case and testify in court if necessary.
- May contact creditors to let them know when to expect payment for bills.
- Negotiate a settlement with the insurance agency.
- File a lawsuit or demand arbitration if negotiations fail.
- Handle “discovery” proceedings including depositions of parties, witnesses and experts.
- Court trial.
How much compensation can I expect from a sepsis lawsuit?
Compensation for each medical malpractice case varies widely. An experienced medical malpractice will carefully determine the value of your case based on the damages you have already endured and will incur into the future including lost wages, if relevant.
The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other forms of negligence. We seek justice for people who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.
Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.