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Failure or Delay in Diagnosis of Sepsis Lawyers

Sepsis is a life-threatening medical condition that results when the body has an extreme response to an infection, causing serious inflammation and shock. If it is not caught and treated right away, sepsis can eventually cause severe tissue damage, organ failure, and death.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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If a doctor is negligent and fails to diagnose or treat sepsis, the results can be catastrophic for patients and their families. However, our sepsis lawyers can help you claim compensation for your financial losses and suffering. Contact Freedland Harwin Valori Gander to speak with an experienced medical malpractice attorney who will fight for your family.

Why Hire FHVG as Your Sepsis Misdiagnosis Lawyers in Florida?

For over twenty years, our team has helped countless medical malpractice victims in South Florida recover the compensation they deserve. With extensive experience in misdiagnosis claims, we have the skills and resources to fight back against large corporations and insurance companies that unfairly try to deny your claim.

Our attorneys are passionate, aggressive, and ready to tackle the most complex cases, including sepsis misdiagnosis or delay in treatment claims. We provide each client personalized attention to each client with a direct line of communication with a firm partner throughout the legal process. We’ll guide and support your family as we demand justice on your behalf.

Sepsis Malpractice Settlements

We have secured record-setting settlements and life-changing verdicts for our medical malpractice clients, including those harmed by a sepsis misdiagnosis. Notable case outcomes for sepsis malpractice cases include the following:

  • $1.8 million settlement for a patient who suffered from necrosis, loss of bowel, sepsis, and septic shock when a hospital and practicing physicians failed to diagnose bowel ischemia in a reasonable time
  • Confidential settlement on behalf of the family of 63-year-old woman who died as a result of the healthcare providers failing to timely diagnose and treat a septic infection

Client Testimonials

With a core desire to help others, our lawyers provide compassionate representation and treat every client like family. Here is what some of our satisfied clients have said:

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“Freedland and team are professional, thorough, and caring! They make you feel like you are family and a part of the process each step of the way. They do an excellent job, and would recommend them anytime!”

– Jeffrey W.

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“What an incredible law firm! Mr. Harwin and the entire staff and team were simply amazing! Throughout the entire process, this team gave me confidence of security that everything was gonna work out for me, and they fought and worked so hard to make sure I did! Happy to say this is my team that made sure I won and was happy! Highly recommend!”

–  Harry C.

Meet Our Florida Sepsis Misdiagnosis Attorneys

Can You Sue a Doctor for Sepsis?

Yes, you can sue a doctor for medical malpractice that involves sepsis. You may have grounds to take legal action if you can prove the following four elements of medical negligence:

1. Duty

First, you must show that a doctor-patient relationship existed, giving rise to a duty of care. Doctors and other medical practitioners have a legal duty to provide their patients with the prevailing professional standard of care. This means they must give the same care that a reasonable professional with the same training would in the same situation.

2. Breach of Duty

A medical provider breaches this duty when they fail to meet the applicable standard of care. The breach could be an act or omission. If a health care provider breaches their duty, sepsis could result.

Examples of medical errors that could lead to sepsis include the following:

  • Misdiagnosis
  • Failure to timely diagnose sepsis
  • Failure to prevent or treat an infection
  • Failure to perform tests
  • Failure to monitor a patient
  • Improper sterilization or disinfection practices
  • Poor care after a surgical procedure
  • Poor treatment of a surgical incision

3. Causation

Next, you must prove that the doctor’s breach of duty led to an injury. For example, a doctor’s misdiagnosis of sepsis could cause organ damage or long-term health complications. An attorney will gather evidence to establish a causal link between the breach and injury and show that a diagnosis failure or delay caused your harm.

4. Damages

The last element of negligence is damages. You must establish that the injury resulted in damages, such as medical bills or pain and suffering.

Timely diagnosis of sepsis is vital to avoid critical or fatal outcomes. If you suspect your doctor’s negligence, late diagnosis, or misdiagnosis resulted in sepsis, speak with an attorney to determine if you have a case.

FHVG represented the family of a 78-year-old man who died as a result of the healthcare providers failing to properly recognize and treat a septic infection. They failed to order proper diagnostic testing, failed to transfer the patient to a proper unit at the hospital, and failed to perform a surgery that would have been life-saving

Frequently Asked Questions About Sepsis Malpractice

What Is the Time Limit for Filing a Sepsis Malpractice Lawsuit in Florida?

Florida’s statute of limitations for medical malpractice lawsuits is generally two years. You must file suit within two years from the injury date or the date you discovered the injury to recover damages. However, there are some exceptions that can change the deadline for taking legal action.

With such a tight deadline, it’s essential to speak with an attorney experienced with failure to diagnose sepsis lawsuits. If you don’t file your claim by the deadline, you could lose your chance to claim compensation.

What Kind of Evidence Is Needed To Prove Medical Malpractice in Sepsis Cases?

Evidence that can help you prove medical malpractice has resulted in sepsis includes the following:

  • Medical records
  • Hospital records
  • Other documentation of your injuries
  • Witness statements
  • Video or images from the hospital
  • Expert witness testimony
  • Past malpractice claims against the provider

Can a Failure To Diagnose Sepsis Lawsuit Be Filed if the Patient Has Died?

If a misdiagnosis or failure to diagnose sepsis has caused the patient’s death, the personal representative of the deceased’s estate may be eligible to file a wrongful death lawsuit. This person may be in the decedent’s will or estate plan. However, if they have not named a legal representative, the court will appoint a legal representative for the estate. Certain surviving family members and the estate may recover damages in a wrongful death lawsuit.

What Is the Average Settlement Amount for Sepsis Cases?

Sepsis malpractice settlements can vary widely depending on the victim’s damages. Because sepsis is a serious condition, patients who have suffered devastating life changes may be entitled to significant compensation. Speak with a failure or delay in diagnosis of sepsis attorney to identify your damages and see what your case may be worth.

Who Is Liable in a Sepsis Malpractice Claim?

Various parties may be liable in a sepsis malpractice lawsuit, including the following:

  • Hospitals
  • Other health care facilities
  • Doctors
  • Nurses or medical staff
  • Other health care providers
  • Individual caregivers

How Much Does a Florida Sepsis Misdiagnosis Lawyer Cost?

FHVG works on a contingency fee basis. When you hire our medical malpractice attorneys, you receive comprehensive legal representation at no upfront cost. If we secure compensation for you, we take a pre-agreed percentage from the settlement or award.

What Damages Can Be Recovered in a Sepsis Malpractice Settlement?

Patients who develop sepsis because of their doctor’s negligence suffer physical, emotional, and financial losses. Fortunately, victims can pursue compensation for their economic and non-economic damages in a sepsis malpractice claim.

Economic damages cover the monetary losses caused by the sepsis and related injuries, including the following:

  • Medical bills
  • Future medical care expenses
  • Cost of medical devices or supplies
  • Lost wages
  • Loss of future earning capacity

Non-economic damages compensate for the non-financial impacts of the malpractice on your life, such as the following:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of consortium

How To Tell if You Have a Medical Malpractice Claim in Florida

It can sometimes be difficult to tell if you have suffered from medical malpractice or experienced poor bedside manner. The difference comes down to negligence. FHVG offers free consultations to discuss the details of your claim, explain your rights, and explore your legal options. We can determine if you have a case and how to proceed.

Our medical malpractice lawyers will determine if the provider made medical errors that strayed from the prevailing professional standard of care, leading to sepsis and damages. If so, you may be entitled to seek compensation with a sepsis malpractice lawsuit.

Signs and Symptoms of Sepsis

Sepsis describes the presence of bacteria and toxins in the tissues, typically due to infection. Post-operative infections are some of the most common causes of sepsis in patients. Other causes include wound infections, pneumonia, abdominal and kidney infections, or bloodstream infections.

Most types of infections can turn into sepsis if left untreated. Sepsis occurs when the body’s normal response to an infection triggers an inflammatory response, causing tissue and organ damage.

Signs and symptoms of sepsis include the following:

  • Abnormally high or low body temperature
  • Rapid heart rate – faster than 90 beats per minute
  • Rapid breathing – faster than 20 breaths per minute
  • Difficulty breathing
  • Decrease in the amount of urine
  • Abnormal heart palpitations
  • Reduced platelet count
  • Abdominal pain
  • Change in mental state

Sepsis is more common in the elderly, those with weakened immune systems, those who are already sick, those in intensive care units, those with invasive medical devices such as breathing tubes, and those with wounds or injuries.

Prompt detection of sepsis is critical to treat it before it progresses into severe sepsis or septic shock. Failure to diagnose sepsis could eventually cause loss of blood flow to vital organs, organ failure, gangrene, amputation of limbs, surgeries, or even death.

Seek Help From a Florida Sepsis Malpractice Lawyer Now

You shouldn’t have to face the consequences of a medical error alone. At Freedland Harwin Valori Gander, our experienced attorneys have deep experience identifying the signs of medical malpractice, including failures to diagnose sepsis promptly. We work with a network of reputable medical industry professionals and investigators to gather evidence and create a case against a negligent health care provider. At FHVG, we are prepared to employ all available resources to fight for the maximum recovery you deserve.

If you need legal assistance from a trusted sepsis malpractice attorney in Florida, contact us online or call (954) 467-6400 to schedule your free consultation.

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