California Sepsis Injury Attorney

Common Medical Errors Leading to Sepsis

Sepsis can occur for a wide variety of reasons, including preventable medical errors. Such mistakes can allow dangerous bacteria to enter the body, increasing the risk of severe infections leading to sepsis and septic shock. 

Common causes of sepsis infections leading to lawsuits include: 

Can I Sue a Doctor or Hospital for Sepsis?

Healthcare professionals use various tests to diagnose sepsis in patients, such as blood cultures, imaging studies, and laboratory tests. After sepsis is diagnosed, treatment typically includes administering antibiotics and fluids intravenously to manage the infection and stabilize the patient’s condition. Unfortunately, medical errors can have serious and even fatal consequences for patients. 

When a patient suffers sepsis as a result of medical negligence, they may be entitled to compensation under California’s medical malpractice laws. Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected from their profession, resulting in harm or injury to a patient. In the case of sepsis, this may involve misdiagnosis or delayed diagnosis, improper treatment, or failure to properly monitor and respond to a patient’s condition.

To prove medical malpractice in a sepsis case, the following elements must be established:

1. Duty of care. This requires establishing the existence of a doctor-patient relationship where the provider has a duty to provide reasonably competent care. 
2. Breach of duty. Next, you must demonstrate that the healthcare provider or hospital breached this duty by deviating from the accepted standard of care. 
3. Causation. Then, you must establish the breach as the proximate cause of your injuries and show they would not have occurred if the wrongdoer had provided proper care.
4. Damages. Lastly, you must prove that the provider’s breach of duty resulted in compensatory harm, such as physical injuries, emotional distress, and financial losses.

How Long Do I Have to File a Sepsis Claim in California?

In California, the statute of limitations for sepsis injury claims is generally one year from the date the patient should have reasonably discovered the injury or three years from the date of the negligent act—whichever comes first. Consulting a trusted attorney with proven results and experience in handling medical malpractice claims is imperative to maintaining eligibility for compensation and filing a claim within the appropriate legal deadline.

What Damages Are Recoverable in a Sepsis Claim?

Depending on the case, various forms of compensation may be recoverable in a sepsis injury claim. There are two primary types: 

1. Economic damages cover tangible, financial losses, such as medical bills, lost wages, future medical costs for ongoing treatment, and other out-of-pocket expenses directly caused by your injury. 
2. Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, or permanent scarring and disfigurement. These damages aim to address the personal and emotional impact of your injury, which can extend far beyond financial losses.

In rare cases involving extreme misconduct, the court may also award punitive damages to punish the defendant and deter similar behavior in the future. Our attorney has a deep understanding of these legal nuances to assess every avenue for financial recovery and maximize the amount of compensation available to you.