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What Is Sepsis Malpractice?

04/20/25

Sepsis is a life-threatening condition that occurs when the body overreacts to an infection, causing widespread inflammation, organ failure, or death. Sepsis malpractice occurs when a healthcare provider fails to recognize or respond to signs of sepsis, leading to unnecessary harm.

How Sepsis Malpractice Happens

Sepsis can develop from any infection, including pneumonia, urinary tract infections, abdominal infections, or infections from surgical wounds. When a provider fails to diagnose or treat the infection early, the condition can progress rapidly to septic shock or multiple organ failure. Common forms of sepsis malpractice include:

  • Failure to Diagnose: Overlooking early signs such as fever, rapid heartbeat, confusion, or low blood pressure.
  • Delayed Treatment: Delays in administering antibiotics, fluids, or other critical care.
  • Inadequate Monitoring: Failing to monitor vital signs or symptoms of infection after surgery or during hospitalization.
  • Neglect in Nursing Homes: Elderly residents are especially vulnerable to infections. Poor hygiene, untreated bedsores, or lack of medical attention can result in fatal cases of sepsis.

The Effects of Sepsis on the Body

The consequences of sepsis malpractice can be catastrophic. Patients may suffer:

  • Organ damage or failure
  • Amputations due to poor circulation
  • Permanent disability
  • Extended hospitalization and rehabilitation
  • Wrongful death

Survivors often require lifelong care, including dialysis, physical therapy, or medical devices. In fatal cases, families are left to cope with emotional loss and financial burdens.

Proving Sepsis Malpractice in New York

To prove sepsis malpractice, the injured party (or their family) must show that:

  1. A doctor-patient relationship existed
  2. The healthcare provider failed to meet the accepted medical standard of care
  3. This negligence directly caused injury, worsened condition, or death
  4. The patient suffered measurable damages

In most cases, expert medical testimony is critical to explain how the provider’s actions—or lack of action—led to the harm. New York also has strict deadlines (statutes of limitations), so it is important to act quickly.

Types of Compensation Available in a Sepsis Malpractice Claim

Several forms of compensation, also known as damages, may be available to address your losses.

Medical Expenses

You may recover the cost of all medical care related to the misdiagnosis or delayed treatment of sepsis, including:

  • Emergency room visits
  • Hospitalization and ICU care
  • Surgeries or amputations
  • Prescription medications
  • Physical therapy or rehabilitation
  • Long-term or in-home care

Lost Wages and Future Earnings

If your injury prevented you from working, you can claim compensation for:

  • Income lost during recovery
  • Reduced earning capacity if you cannot return to your previous job or work full-time

Pain and Suffering

This covers the physical pain and emotional distress caused by the injury. Sepsis survivors often endure:

  • Chronic pain
  • Psychological trauma (such as anxiety or PTSD)
  • Loss of enjoyment of life

Permanent Disability or Disfigurement

If sepsis led to amputations, organ damage, or permanent health issues, you may be compensated for:

  • Loss of function or mobility
  • Scarring or disfigurement
  • Ongoing impact on your independence and lifestyle

Wrongful Death Damages (for Families)

If a loved one died due to sepsis malpractice, surviving family members may pursue compensation for:

  • Funeral and burial costs
  • Loss of companionship and support
  • The deceased’s pain and suffering before death

Punitive Damages (Rare)

In extreme cases involving gross negligence or reckless conduct, a court may award punitive damages to punish the provider and deter future misconduct.

How a Medical Malpractice Lawyer Can Help Me

A Westchester County medical malpractice lawyer can help you determine if you have a valid case and guide you through each step of the legal process. They will:

  • Investigate your medical records and treatment timeline
  • Consult and hire experts to identify negligent care and testify
  • File a claim within New York’s legal deadlines
  • Negotiate for full and fair compensation
  • Represent you in court if needed

If you or a loved one suffered due to sepsis malpractice, contact a skilled White Plains Medical Malpractice Lawyer today for a free consultation. We will help you get the justice and compensation you deserve.