If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, that all depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury. Our Wilkes-Barre medical malpractice lawyer can help you understand your legal options if you’ve become ill or injured after medical care.
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.
If a doctor or other medical professional missed those elements, you would have a breach of duty of care.
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, which leads to a delayed or incorrect diagnosis, this would likely be a breach of duty.
Causation
However, it is not sufficient to show that there was a breach of duty. You must also demonstrate causation, proving that the breach directly caused the harm.
This could involve showing how delayed treatment exacerbated the condition in the sepsis case.
Damages
Finally, the claim must involve actual damages. Damages can be physical, emotional, or financial. 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, 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.
Medical Negligence That Leads to Sepsis: Medical Malpractice Claim
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.
- Improper Postoperative Care: Improper post-operative care, including cleaning of surgical sites and recognition and treatment of infection, can lead to 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 Wilkes-Barre medical malpractice lawyers of Munley Law to fight for you.
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. Non-economic damages are subjective and vary depending on the severity and personal impact of the injury.
Common forms of non-economic damages 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.
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.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
