At Munley Law, our Wilkes-Barre medical malpractice attorneys represent patients and families whose lives have been affected by preventable medical errors, including delayed diagnosis and treatment of sepsis. 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.
Call Us At 844-686-5397 How Is Liability Proven in a Sepsis Malpractice Case?
A successful sepsis malpractice claim requires evidence that a healthcare provider failed to recognize, diagnose, or treat an infection in accordance with the accepted medical standard of care.
Medical records, laboratory testing, treatment timelines, and expert medical opinions are often used to determine whether earlier intervention could have prevented the patient’s injuries. Because these cases are medically complex, they typically require testimony from qualified medical experts before proceeding in court.
Certificate of Merit Requirements
Pennsylvania law generally requires a Certificate of Merit before a medical malpractice lawsuit may proceed. Under Pa.R.C.P. 1042.3, a qualified medical expert must review the claim and certify that there is a reasonable basis to believe the healthcare provider failed to meet the accepted standard of care. Our attorneys work closely with experienced medical professionals to obtain this certification when required.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
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, our experienced Wilkes-Barre personal injury lawyers will do a thorough investigation and pursue compensation on your behalf.
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 only current earnings but also potential future income lost due to the condition’s long-term effects.
Non-Economic Damages
Non-economic damages are losses that cannot be quantified in monetary terms, but that 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: Survivors of severe sepsis often experience lasting physical and emotional effects, including chronic pain, reduced mobility, cognitive changes, anxiety, depression, and post-traumatic stress. These losses may be considered when calculating damages.
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 with a hospital-acquired infection, where multiple patients repeatedly had similar issues.
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 1.7 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.
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, most Pennsylvania medical malpractice claims must be filed within two years from the date the injury was discovered or reasonably should have been discovered. In addition, the MCARE Act generally establishes a seven-year statute of repose under 40 P.S. § 1303.513(a) for most medical malpractice claims. Because exceptions may apply, it is important to seek legal advice promptly.
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 believe a delayed diagnosis or improper treatment allowed sepsis to develop or worsen, speaking with an experienced medical malpractice attorney can help you understand your legal options. Munley Law has represented injured Pennsylvanians for almost 70 years and has the resources to investigate complex medical negligence claims.
Contact us today for a free consultation. We’ll review your case, answer your questions, and explain the next steps in the claims process.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 4, 2026.
