Can You Sue a Nursing Home for Sepsis?

If you have a family member who lives in a nursing home facility, it is important to keep note of their overall health. If your loved one recently developed sepsis, you may be looking for answers. It is not unusual for nursing home staff and facilities to neglect or abuse their residents. 

If neglect or abuse contributed to your family member’s sepsis diagnosis, you may have the opportunity to pursue a legal action against the at-fault party. Suing a nursing home facility for sepsis can be a complex process. Fortunately, when you have a reputable nursing home abuse lawyer advocating for your rights, the process can go more smoothly.

What Is Sepsis and How Does It Develop?

Sepsis, also known as septicemia, is the poisoning of the blood. This occurs when the body suffers an infection that is left untreated. 

In many cases, sepsis is a treatable condition. For this reason, if your loved one subsequently develops sepsis, it may be a sign that they are experiencing abuse or neglect in their nursing home. 

The development of sepsis is a sign that your family member may not have been getting the appropriate supervision or monitoring they required. Although many cases of sepsis begin as bacterial infections, they can be caused by any type of infection. If left untreated, sepsis can cause permanent tissue damage, organ failure, and death.

Liability for Sepsis in a Nursing Home

Virtually any party who was responsible for caring for your family member could be held accountable if they develop sepsis. Your loved one should have regular healthcare providers treating them, monitoring them, and taking care of them on a day-to-day basis. 

If nurses, certified nursing assistants, physicians, surgeons, nursing home facility administrators, janitorial staff, or any other third-party knew or failed to prevent the abuse or neglect of your loved one, they could be sued or named as the subject of your malpractice insurance claim. 

Your nursing home abuse and neglect attorney will need to carefully investigate your case to determine who is ultimately liable for your loved one’s damages. Do not be surprised if there are multiple parties found culpable in your case. This could increase your chances of being awarded the compensation your loved one deserves.

What Are Your Legal Options?

There are multiple ways in which you may be able to file a nursing home abuse or neglect complaint. In nursing home abuse cases, instead of simply seeking compensation for your loved one’s damages, it is also important to report the facility and responsible parties so other nursing home residents are protected from the same abuse and neglect.

Report the Nursing Home

One of the first steps you can take when your loved one is diagnosed with sepsis in their nursing home is to report your concerns to the Arkansas Department of Human Resources. The Office of Long-Term Care will be responsible for conducting an investigation into your concerns.

You may also find it necessary to file a police report with the local police department. If your loved one is suffering from physical abuse, financial abuse, psychological abuse, sexual abuse, or any other type of abuse that contributed to their sepsis diagnosis, the liable party could also be facing criminal charges.

File a Claim with the Insurance Company

Anyone who works in or around a nursing home or assisted living facility likely has insurance coverage. This is designed to protect them from liability if a nursing home resident becomes injured or ill. You may have the opportunity to file a malpractice insurance claim and recover compensation for your loved one’s medical care, property damages, and other covered losses. 

However, it is important to note that many nursing home sepsis insurance claims do not sufficiently meet a victim’s needs. For this reason, you should always be prepared to pursue all potential options for financial recovery if you hope to get the most out of your claim.

Pursue a Civil Lawsuit

Filing a civil lawsuit against those who are responsible for your loved one’s sepsis diagnosis may be in your best interests. There are no limitations to the amount of compensation you could be awarded in a civil nursing home sepsis lawsuit. 

At trial, you have the opportunity to plead your case before a judge and jury with help from your nursing home abuse attorney. Here, you can be awarded compensation for not only your loved one’s economic damages but your non-economic damages as well.

How Long Do You Have to File Your Nursing Home Sepsis Claim?

You need to take action on your nursing home sepsis lawsuit as soon as possible. The statute of limitations for these claims is three years, according to Arkansas personal injury laws. Many people worry about what will happen if their claim is not filed in time. 

If your claim is not filed before the statute of limitations expires, the law states you will no longer have the right to pursue your case in the civil court system. The sooner you get started on your case and report your concerns, the better. 

Damages You Could Recover if You Sue for Nursing Home Sepsis

When you file a nursing home abuse lawsuit for sepsis on behalf of your loved one, you have the chance to recover maximum compensation for their damages. There is no loss that could not be recovered as part of your claim. 

Examples of damages that could be awarded include:

• Loss of enjoyment of life
• Pain and suffering
• Financial losses
• Disfigurement and skin scarring
• Shame and indignity
• Embarrassment
• Medical expenses

Contact a Nursing Home Abuse Lawyer for Help Today

Are you anxious to hold the negligent or irresponsible nursing home accountable for your loved one’s sepsis and subsequent damages? The claims process can be complex.  Fortunately, when you retain the legal support of a compassionate nursing home abuse lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC you can help your loved one get justice and put a stop to the nursing home abuse or neglect they endured. 

Schedule your no-cost, risk-free consultation today to find out more about what is next for your nursing home abuse claim.