At Munley Law, our Wilkes-Barre medical malpractice attorneys provide critical legal guidance when an infection that should have been detected or treated promptly causes permanent injury or death. If you or a loved one has contracted sepsis because of a medical error and you’re seeking compensation, having a law firm on your side that routinely handles catastrophic injury and medical malpractice cases makes all the difference.
Sepsis can progress quickly and present differently from patient to patient; our medical malpractice attorneys have the experience and the expertise to help families and patients recover compensation for medical bills, lost income, long-term care, and pain and suffering. Munley Law has been fighting for our community’s rights since 1959, and our Wilkes-Barre medical malpractice lawyers have secured many multi-million-dollar settlements in malpractice cases.
Sepsis cases are complex medically and legally. Munley Law’s proven trial experience, access to top medical experts, and record of large recoveries mean your claim will be pursued by lawyers who understand the condition and what’s required to hold negligent providers accountable. If you’re unsure whether your sepsis diagnosis warrants legal action, contact our award-winning medical malpractice lawyers today for a free consultation.
What are the Elements of a Medical Malpractice Case?
In medical malpractice cases, especially those involving severe conditions like sepsis, understanding the basic elements of a claim is critical. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, breach of duty, causation, and damages.
Duty of Care
The first element of a medical negligence case involves establishing a professional relationship between the patient and the healthcare provider. This relationship is any doctor-patient interaction, where the doctor owes a duty of care to the patient.
In the case of developing septic shock, this duty includes timely diagnosis, appropriate treatment, and monitoring for complications.
Breach of Duty
A breach of duty occurs when the medical provider’s actions or inactions stray from the accepted standard of medical care. For example, if the doctor does not order the necessary tests to diagnose sepsis or fails to recognize the signs of sepsis, leading to a delayed or incorrect diagnosis, this would likely constitute a breach of duty.
Causation
However, it is not sufficient to show a breach of duty. You must also demonstrate causation, proving that the breach directly caused the harm. This could involve showing how misdiagnosis of sepsis in Wilkes-Barre or delayed treatment exacerbated the condition.
Damages
Finally, the claim must involve actual damages. Damages can be physical, emotional, or financial, and in severe cases may even result in a wrongful death from sepsis. For patients who develop sepsis, damages might include the costs of additional medical treatment, pain and suffering, lost wages, or wrongful death.
To have a successful medical malpractice case in Wilkes-Barre, you need to prove all of the elements of a claim. We know that dealing with a potentially life-threatening condition will make you put everything else on the back burner, but your safety and legal rights are our priority. Let Munley Law guide you through a sepsis malpractice claim.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity.”
Caroline Munley
Call us at (844) 686-5397 What Type of Medical Negligence Leads to Sepsis?
Medical negligence can sometimes lead to a patient’s infection with sepsis or other conditions. Common examples of medical negligence leading to sepsis include:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose an infection correctly or delaying its diagnosis in common infections can result in sepsis. If not caught soon enough, conditions like urinary tract infections can lead to a more deadly infection if not handled properly.
- Inadequate Sterilization Procedures: Improper sterilization of medical equipment or unsanitary conditions in a healthcare setting or nursing home can introduce bacteria into the body, often leading to hospital negligence cases.
- Improper Postoperative Care: Improper post-operative care, including cleaning of surgical sites and recognition and treatment of infection, can lead to surgical errors leading to infection and sepsis, especially in patients with already weakened immune systems.
- Ignoring or Misinterpreting Symptoms: When signs of sepsis or other conditions are missed or ignored, it becomes harder for patients to fight infection, especially those with chronic illness.
- Inadequate Treatment of Infections: A delay in care once sepsis has been diagnosed can lead to organ failure and even death.
When medical negligence causes a sepsis diagnosis, you need the experienced Wilkes-Barre personal injury lawyers of Munley Law to fight for you.
Contact a Wilkes-Barre Medical Malpractice Lawyer
What Damages Can I Collect If My Sepsis is Considered Medical Malpractice?
Developing sepsis, a severe and often life-threatening condition, can not only lead to physical and emotional complications but also financial burdens. If your sepsis was a result of medical malpractice, you may be able to collect economic and non-economic damages. These damages are used to cover the wide effects the medical catastrophe has on you and your family.
Economic Damages
Economic damages are those financial losses with an actual, tangible monetary value. This can include:
- Medical Expenses: Medical bills are the most immediate and quantifiable damage. You may be entitled to reimbursement for all medical expenses related to treating sepsis, including hospitalization, medication, surgeries, and any future medical care required due to complications. In some cases, this can also include modifications to your home if the sepsis resulted in a physical disability.
- Lost Wages and Earning Capacity: If sepsis treatment forces you to take time off work, you can claim lost wages. In more severe cases, if your ability to work in the future is impacted, you may also collect losses for diminished earning capacity. This includes not just current earnings but also potential future income lost due to the long-term effects of the condition.
Non-Economic Damages
Non-economic damages are those losses that cannot be financially quantified but significantly impact your life. Common forms include:
- Pain and Suffering: You may be entitled to compensation for the physical pain and emotional distress from sepsis. In cases of severe sepsis, these damages can be substantial.
- Emotional Distress: When sepsis occurs, you have an entire world of medical issues that open up from elevated blood pressure, changes in cognitive state, respiratory distress, and more. These conditions can leave you with anxiety about your care and your future.
Punitive Damages
In cases where the healthcare provider’s conduct was particularly egregious or reckless, punitive damages might be awarded. These damages act to punish the liable party and keep them from doing it again. This may be the case for a hospital-acquired infection where multiple patients had similar issues repeatedly.
If you have questions about the damages you may be entitled to, Munley Law is here to help.
Why Choose Munley Law as Your Malpractice Attorneys?
- Munley Law attorneys have over 250 years of combined trial experience, repeat recognition by independent legal ranking organizations, and a track record of high-value results.
- The firm has earned Tier 1 regional rankings from Best Law Firms for medical malpractice and related practice areas, and has secured multimillion-dollar settlements and verdicts for clients.
- Our attorneys regularly appear in peer-reviewed listings, including Best Lawyers, Super Lawyers, and Lawdragon’s leading plaintiff lawyers.
- Partner Caroline Munley is named to the National Trial Lawyers Association Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and Top 25 Women Trial Lawyers in Pennsylvania list.
- Marion Munley has been named Best Lawyer’s Lawyer of the Year for Medical Malpractice Law.
- We work on a contingency basis, so you pay nothing unless we win.
These credentials reflect both courtroom success and peer recognition, factors that matter when confronting well-resourced hospitals and insurers.
Malpractice Statistics in Pennsylvania
- Approximately 7 million American adults develop sepsis every year, of which around 350,000 die or are sent to hospices.
- One in three hospital deaths includes patients who developed sepsis.
- In 2024, Pennsylvania’s Medical Care Availability and Reduction of Error Fund (MCARE) paid out $275,073,155 in malpractice claims, $33.2 million more than in 2023.
- Out of the 1548 malpractice claims filed in Pennsylvania in 2024, 55 originated from Luzerne County.
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Sepsis Misdiagnosis FAQs
What is Sepsis, and How is it Different from a Typical Infection?
Sepsis is a life-threatening reaction to an infection that can lead to organ failure if not treated quickly. Unlike routine infections, sepsis requires immediate recognition and aggressive medical intervention.
Can I File a Medical Malpractice Claim if Sepsis Developed During a Hospital Stay?
Yes, you can file a medical malpractice claim if sepsis developed during a hospital stay. If sepsis resulted from delayed diagnosis, failure to monitor symptoms, improper treatment, or other medical errors, you may have grounds for a malpractice claim.
What Mistakes Commonly Lead to Sepsis Malpractice Cases?
Common errors that lead to a sepsis malpractice case include delayed testing, failure to recognize warning signs, late administration of antibiotics, inadequate monitoring, or premature discharge.
How Long Do I Have to File a Sepsis Malpractice Claim in Pennsylvania?
Under 42 Pa. C.S.A. § 5524, Pennsylvania generally allows two years from the date the injury was discovered to file a sepsis malpractice case, though exceptions may apply. Speaking with an attorney as soon as possible is important.
What Compensation is Available in a Sepsis Malpractice Case?
Compensation in a sepsis malpractice suit may include medical expenses, lost income, future care costs, pain and suffering, and, in fatal cases, wrongful death damages.
Why are Sepsis Cases Often Difficult to Diagnose Early?
Early sepsis symptoms can be subtle or resemble other conditions. Missed warning signs, understaffing, or delayed testing often contribute to dangerous delays.
Diagnosed with Sepsis in Wilkes-Barre? You Need an Experienced Medical Malpractice Lawyer
If you’ve been diagnosed with sepsis and suspect it may be due to medical negligence, you need the expertise of a seasoned medical malpractice lawyer. With decades of experience handling complex medical malpractice cases, Munley Law is here for you.
We understand the complexities of going against medical professionals and are committed to ensuring you receive the compensation you deserve for all you’ve suffered.
Don’t navigate a medical neglect claim alone. Contact Munley Law today for a no-obligation, free consultation. Let our legal professionals advocate on your behalf, ensuring the medical facilities, hospital staff, and healthcare providers are held accountable.
Caroline Munley
Caroline is a passionate trial lawyer and courtroom advocate, a Pennsylvania Super Lawyer since 2022. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA) and named among PA’s Top 25 Women Trial Lawyers, the Multi-Million Dollar Advocates, and the Top 25 Medical Malpractice Trial Lawyers.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on January 5, 2026.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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