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Can You Sue a Nursing Home for Sepsis?

Home » Our Blog » Can You Sue a Nursing Home for Sepsis?

By Dan Noll on March 30th, 2024 in Nursing Home Abuse

Understanding Can You Sue a Nursing Home for Sepsis, Explained by Springfield Nursing Home Abuse Lawyers

Sepsis is a medical emergency that is related to an infection or significant injury to the body. According to statistics, each year in the United States approximately 1.7 million people develop sepsis and at least 350,000 of those people pass away from it. The highest rate of death from sepsis is to individuals who are 65 years or older, which generally includes a large population who live in nursing homes or long-term care facilities. This is troubling, because other statistics indicate that sepsis is more common and likely to more severe in older adults, with nursing home residents being seven-times more likely to develop a severe case of sepsis as compared to non-nursing home residents. Since it is common, many victims and their families often ask can you sue a nursing home for sepsis in Illinois. However, despite being more common in nursing homes, the truth is that sepsis can be avoided in many instances with proper monitoring, care, and treatment by nursing home staff. Unfortunately, the Springfield nursing home abuse lawyers at the Noll Law Office know that this does not always happen which is what may give rise to a legal claim.

If you or a loved one were diagnosed with sepsis and suffered complications or serious injuries, or if a loved one was wrongfully killed due to sepsis in Illinois, call the Noll Law Office to schedule a free case evaluation. Their compassionate lawyers understand how important it is for families to have competent, skilled, and experienced nursing home abuse and neglect lawyers on their side. Unlike other personal injury law firms in the area, the Noll Law Office does not farm cases out to new lawyers in big cities across the state. Rather, their experienced legal team handles all cases in-house and in your community. To learn more about how their Springfield nursing home abuse lawyers can help you, give them a call by dialing (217) 414-8889.

What is Sepsis?

Sepsis is an often misunderstood medical condition because people believe that it is a type of infection. However, sepsis is actually the body’s response to an infection. In fact, sepsis is better classified as an “overreaction” to an infection or traumatic injury to the body. It is the immune system’s response which is meant to help protect the body by creating an extreme condition in the body to kill off the infection – as almost a last line of defense.

The problem with this is, although it might work to keep the body alive, it can cause extreme damage to a person’s body. Indeed, sepsis can cause irreversible damage to the limbs, especially the fingers, toes, hands, feet, and even the lower arms or legs. Sepsis can also damage a person’s eyesight, hearing, smell, taste, and other senses. Further, sepsis could cause irreversible organ damage, including to the kidneys, liver, stomach, lungs, heart, and even the brain.

What’s more, a severe and powerful case of sepsis can result in septic shock. This is when the body freezes or seizes due to the extreme immune system response, causing rapid damage to the body. It can also result in multiple organ failure, causing permanent damage. The amount of damage is usually more severe in older adults, who may have pre-existing conditions or damage, or who may be medically unable to handle the extreme immune system response. Even though it is a victim’s body which is “overreacting,” families are still told yes when they ask can you sue a nursing home for sepsis in Illinois.

Common Causes of Sepsis in a Nursing Home or Long-Term Care Facility

There are many causes of sepsis. Although trauma is a potential cause of an extreme immune system response (which functions almost like compartment syndrome in a limb), the main cause of sepsis is an infection. The most common type of infection resulting in sepsis is a bacterial infection. This can be due to unhygienic conditions, such as failing to properly shower residents, clean residents after toileting, delays in changing wound bandages, or failing to properly clean facilities and wash hands/hygiene between patients.

Another common cause are viral infections, particularly those which are powerful and come on strong. This includes COVID-19, the flu, or RSV, which can all start with dramatic first symptoms. Even though many nursing home residents are vaccinated and most strains of COVID and the flu are mild, there are still dangerous strains or overreactions to residents that may pose a danger to them.

A less common cause of sepsis is a fungal infection. But fungal infections, particularly in a wound or internally in the lungs, can be devastating and quickly result in sepsis and septic shock.

Specific Causes of Sepsis in a Nursing Home in Illinois

As it specifically relates to sepsis in a nursing home or long-term care facility, sepsis can be caused by a variety of abuse, neglect, or outright negligence. When families ask can you sue a nursing home for sepsis for any one of these reasons, it is often a resounding yes.

Some of the most common causes include the following:

  • Bed sores, pressure sores, pressure ulcers, and other related types of injuries
  • Delays in changing wound bandages
  • Failure to treat wounds properly and with sterilized materials
  • Unsafe procedures
  • Malnourishment or dehydration
  • Failing to give antibiotics to a patient post-surgery
  • Neglecting to check wounds, especially after surgery
  • Understaffing and delays caring for patients
  • Poor cleaning practices in a facility
  • Clogged breathing tubes
  • Unsafe trach care and cleaning
  • Inadequate hygiene for residents
  • Failure to properly clean residents after toileting
  • Delays in cleaning up a resident after soiling in a bed, chair, wheelchair, or in another location
  • Ignoring a resident’s complaints of pain
  • Lack of daily hygiene practices like brushing teeth, bathing, or face washing
  • Abuse such as cutting, biting, burning, or otherwise harming residents
  • Neglecting residents by leaving them in unsanitary conditions for too long
  • Delays in transferring a resident to a higher level of care facility (i.e., a hospital when sick)
  • Not protecting residents from infections going around a facility that could result in sepsis
  • Treating a resident’s infection too conservatively
  • Improperly monitoring residents for the classic signs of sepsis, such as fever, sweating, dizziness, and other symptoms, and
  • Other causes that may allow an infection to fester and result in sepsis or septic shock.

Still Not Sure Can You Sue a Nursing Home for Sepsis in Illinois? Ask the Noll Law Office

Here at the Noll Law Office, their experienced Springfield nursing home abuse lawyers can help victims and their families recover compensation for medical bills, pain and suffering, punitive damages, and other losses caused by a nursing home’s abuse, neglect, or malpractice. To learn more about how their compassionate team can help you and your family, contact them today to schedule your free case evaluation. Although there are many causes of sepsis that might not be due to negligence, many times nursing home staff create unreasonably increased risks of infection and sepsis by their substandard care. Let the Noll Law Office evaluate the unique circumstances of your case and give you an answer how they can help.

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