Can You Sue a Hospital for a Sepsis Death (PA Medical Malpractice Law) 

If specific actions by healthcare providers or a healthcare facility’s management result in the injury and wrongful death of your loved one, you may have the legal option to file a medical malpractice lawsuit. 

Going into the hospital for medical care has grown more dangerous. 

Contracting sepsis following surgery in Philadelphia is costly, and in worst-case scenarios, developing sepsis can cause death. The costs of medical care resulting from the treatment of sepsis can result in staggering medical expenses and debt, even after costing your loved one their life. 

On any day in a hospital environment, one in 31 patients has a healthcare-associated infection, according to the Centers for Disease Control and Prevention (CDC). Antibiotic-resistant bacteria are a common cause of infection, potentially leading to sepsis and death. These infections cost society $12.4 billion annually due to lost productivity and early death. Direct medical costs from an HIA equal $28.4 billion every year. The Cleveland Clinic cites that death due to septic shock can occur in as little as 12 hours 

The Pennsylvania medical malpractice and wrongful death lawyers at Lopez McHugh explain whether you can sue a hospital for a sepsis death under PA law and the factors you must consider before bringing a claim.  

What Is Sepsis? 

Sepsis is when your body has an improper immune response to bacteria, viruses, fungi, or parasite infections. Septic shock occurs when the body’s immune system turns on itself causing a dramatic drop in blood pressure. 

This low blood pressure may cause damage to major organs so significantly that death occurs.  

The best way to overcome sepsis is through early intervention. 

Negligent actions can lead to sepsis, but it is also possible when healthcare providers fail to appropriately address infection.  

Either through their actions or inactions, doctors, nurses, and other practitioners can commit medical malpractice that causes sepsis and death. 

What Are Common Causes of Sepsis Lawsuits? 

Not every infection a hospital patient develops results from the care they receive. 

Unsanitary Conditions 

However, unsanitary conditions can lead to dangerous microorganisms entering the body. 

These germs may spread on treatment materials, such as tubing, IV ports, and medical instruments. 

Examples include: improperly cleaned equipment, lack of disinfecting, improper hand washing, and a failure to use personal protective gear (PPE) correctly. 

Poor Hiring Practices 

A hospital that fails to hire trained, competent medical professionals and staff, can lead to failing to provide quality services and care. 

Poor hiring practices may also lead to medical providers’ inability to diagnose promptly. A misdiagnosis of sepsis often leads to life-threatening treatment delays. 

Is My Loved One’s Death From Sepsis Medical Malpractice Claim? 

Sepsis resulting in death due to medical care may be the result of medical negligence. 

Your attorney will have to prove that a medical malpractice was the cause of your loved one’s death. 

Your medical malpractice lawyer will have to establishing a link between negligent care and your loved one’s death. Your attorney must demonstrate the following to show negligence in a medical malpractice wrongful death lawsuit: 

•       The medical providers and the hospital where treatment took place owe your loved one a duty of care.
•       The providers failed to meet care standards by healthcare providers or the hospital.
•       Their actions outside of the standard of care led to your loved one’s death.
•       The illness and death caused financial and non-financial damages that must be repaid.

Without each aspect being present, your attorney cannot prove that medical malpractice is the cause of your loved one’s death.  

Some of the most complex legal actions are medical malpractice cases. 

However, the legal team at Lopez McHugh brings over 50 years of combined experience in negotiating and litigating medical malpractice cases in Philadelphia. 

Can I File a Wrongful Death Lawsuit Against a Philadelphia Hospital? 

You may be eligible to file a lawsuit for damages when the evidence supports the claim that your loved one’s death from sepsis is the result of negligence by hospital administrators.   

A medical malpractice wrongful death is frequently tied to a specific provider’s actions, but the hospital or medical institution may also be at fault. 

Hospital facilities also owe a duty of care to patients to ensure the following: 

•       The facilities and equipment are reasonably maintained to keep them safe for patients
•       The institution’s hiring practices produce competent staff
•       Supervisors appropriately oversee all providers administering care
•       The facility adopts and enforces policies ensuring patient care

An in-depth review of hospital hiring, training, and policy procedures is a primary task before filing a lawsuit against a medical facility. 

If your attorney discovers other incidents of patient mortality due to healthcare-associated infections, this can play a crucial role in establishing negligence as the cause of death for your loved one. 

Lopez McHugh has offered legal guidance and support to many families who have suffered and recognizes the value of seeking justice through compensation. 

How Long Do I Have to File a Lawsuit (Statute of Limitations)? 

A loved one’s unexpected death can create overwhelming circumstances that require your immediate focus and attention. 

However, time limits apply to how long you have to seek legal action for a medical malpractice wrongful death. 

Under PA law, the party entitled to bring a wrongful death action is the personal representative or executor of your loved one’s estate. They must do so within six months after the decedent’s death. 

Should a personal representative not file an action within those time limits, Pennsylvania law allows two years from the date of death for a beneficiary to file a civil action against the hospital. 

Understanding your right to file a claim may be unclear without legal guidance.  It’s vital to speak with an attorney as soon as possible to begin building your case quickly. 

Documentation may be lost or destroyed and often weakens over time. By securing witness testimony and statements promptly, your medical malpractice attorney can strengthen your case. 

What Types of Compensation Can I Seek in a Sepsis Death Lawsuit Against the Hospital? 

It may be possible to file two legal actions. 

However, the law defines who can file legal actions for compensation and what the compensation is for. 

 There are two main approaches in Pennsylvania: a wrongful death action and a survival action. 

 When a wrongful death action is successful, the damages received from the case go to the deceased’s beneficiaries. The money is distributed according to intestate laws and serves to compensate for the loss of financial support, pain and suffering, and other damages the beneficiaries suffer due a loved one’s death. 

For survival actions, only a personal representative of your loved one’s estate may file a claim. Damages seek to compensate your loved one’s estate for their damages from the time of injury until their death. Compensation to the estate may include medical costs, lost wages, pain and suffering, and other costs. 

Have You Lost a Loved One Due to a Sepsis Death in Philadelphia? 

Facing the legal ramifications of a loved one’s death while processing the emotional toll that losing them brings can be overwhelming. Sadly, too many families suffer the devastating effects of a loved one’s untimely death due to sepsis. Hospitals must be held accountable for your loss. Schedule a free consultation today with a Philadelphia medical malpractice lawyer to discuss your legal options for filing a lawsuit.