Sepsis is a life-threatening medical emergency that can progress rapidly. When a hospital, emergency room physician, nurse, or other healthcare provider fails to recognize the warning signs of sepsis and timely initiate appropriate treatment, a patient's condition can deteriorate dramatically.
For patients and families, one of the most troubling questions after a devastating outcome is whether the harm could have been prevented.
In Florida, a failure to diagnose or timely treat sepsis may constitute medical malpractice when healthcare providers fail to meet the applicable standard of care and that failure causes or substantially contributes to serious injury or death.
What Is Sepsis?
Sepsis is the body's dangerous response to an infection. Instead of fighting the infection in a controlled manner, the body's response can trigger widespread inflammation, circulatory problems, tissue damage, and organ dysfunction.
Sepsis can originate from many types of infections, including:
- Pneumonia and other respiratory infections
- Urinary tract and kidney infections
- Abdominal infections
- Surgical-site infections
- Bloodstream infections
- Skin and soft-tissue infections
- Infected wounds
- Catheter-related infections
- Infections associated with medical devices
Severe cases can progress to septic shock, in which profound circulatory and metabolic abnormalities can place the patient at a substantially increased risk of death.
Because sepsis can worsen quickly, recognizing the patient's deterioration and responding appropriately can be critical.
What Are the Warning Signs of Sepsis?
The symptoms of sepsis vary depending on the patient, the underlying infection, and the stage of the illness. Potential warning signs may include:
- Fever or abnormally low body temperature
- Rapid heart rate
- Rapid breathing
- Low blood pressure
- Confusion or altered mental status
- Chills or severe shivering
- Shortness of breath
- Decreased urine output
- Extreme weakness
- Abnormal white blood cell counts
- Elevated lactate levels
- Signs of organ dysfunction
No single symptom necessarily establishes that a patient has sepsis. Hospitals and healthcare professionals must evaluate the patient's entire clinical presentation, including symptoms, vital signs, laboratory findings, medical history, risk factors, and changes in condition.
How Does a Florida Hospital Fail to Diagnose Sepsis?
A delayed sepsis diagnosis does not automatically mean malpractice occurred. Medicine involves judgment, and patients can develop sepsis despite appropriate medical care.
However, a malpractice claim may exist when healthcare providers fail to act reasonably under the circumstances.
Examples of potential failures include:
Ignoring Abnormal Vital Signs
Persistent fever, tachycardia, hypotension, rapid respirations, or other abnormal vital signs may require additional investigation.
A significant issue in a sepsis malpractice case can be whether hospital personnel recognized concerning trends rather than viewing each abnormal reading in isolation.
Failure to Order Appropriate Laboratory Testing
Depending on the circumstances, a patient's presentation may warrant blood tests and other diagnostic studies designed to evaluate infection, organ function, and the severity of the patient's condition.
A failure to order appropriate testing—or a failure to respond to abnormal results—can delay diagnosis and treatment.
Failure to Identify the Source of an Infection
A patient may arrive at the hospital with signs of pneumonia, a urinary infection, an infected wound, an abdominal infection, or another condition capable of progressing to sepsis.
Failing to appropriately investigate an apparent infection can allow the patient's condition to worsen.
Failure to Appreciate Elevated Lactate or Other Abnormal Results
Laboratory abnormalities can provide important evidence that a patient is seriously ill.
It is not enough simply to order a test. The results must be appropriately reviewed, communicated, and acted upon.
Delayed Administration of Antibiotics
When bacterial sepsis is suspected or identified, delays in appropriate antimicrobial treatment may become a critical issue.
In a malpractice investigation, the timing of the patient's presentation, recognition of infection, antibiotic orders, pharmacy processing, and actual administration may all require careful examination.
Failure to Give Appropriate IV Fluids or Other Treatment
Depending on the patient's condition, sepsis treatment may involve IV fluids, antibiotics, monitoring, vasopressors, oxygen or respiratory support, and treatment directed at the underlying source of infection.
The appropriate treatment depends upon the patient's individual clinical circumstances.
Failure to Monitor a Deteriorating Patient
Sometimes the problem is not the initial diagnosis but what happens afterward.
A patient may enter the emergency department appearing relatively stable and deteriorate over the following hours. Nurses and physicians must appropriately monitor patients and respond to meaningful changes in their condition.
Failure to Escalate Care
A deteriorating patient may require evaluation by additional physicians, transfer to an intensive care unit, surgical intervention, or other higher-level treatment.
Unreasonable delays in escalating care can have devastating consequences.
Emergency Room Failure to Diagnose Sepsis
Many sepsis malpractice cases begin in a hospital emergency department.
Patients may arrive complaining of fever, weakness, abdominal pain, shortness of breath, confusion, vomiting, urinary symptoms, or simply feeling extremely ill.
The emergency department must determine whether the symptoms indicate a relatively minor illness or something substantially more dangerous.
Potential emergency room errors may include:
- Prematurely discharging a patient
- Diagnosing a viral illness without adequately investigating infection
- Failing to order appropriate bloodwork or imaging
- Failing to obtain or respond to abnormal vital signs
- Failing to recognize worsening hypotension
- Failing to appropriately investigate an elevated lactate
- Delaying antibiotics
- Failing to communicate abnormal test results
- Failing to admit a patient who requires hospital-level treatment
The key question is generally not whether the physician initially knew with certainty that the patient had sepsis. The issue is whether the patient's presentation required further evaluation, monitoring, treatment, or hospitalization under the applicable standard of care.
Nursing Negligence and Sepsis in Florida Hospitals
Nurses can play a critical role in identifying patient deterioration.
A hospitalized patient's condition may change between physician examinations. Nurses are often responsible for obtaining vital signs, monitoring the patient's condition, documenting changes, administering medications, and notifying physicians when concerning developments occur.
Potential nursing negligence involving sepsis may include:
- Failing to recognize significant changes in vital signs
- Failing to timely notify a physician of deterioration
- Failing to follow hospital sepsis protocols
- Delaying administration of ordered medications
- Failing to reassess the patient
- Inadequately documenting changes in condition
- Failing to activate an appropriate rapid-response process
Determining responsibility requires a detailed review of the medical records and the sequence of events.
Can a Hospital Be Liable for Failure to Diagnose Sepsis?
Potentially.
Depending on the facts and applicable Florida law, a hospital may face liability for negligence involving its employees or for its own conduct.
A sepsis claim may involve the actions of multiple healthcare providers, including:
- Emergency room physicians
- Hospitalists
- Nurses
- Intensive care physicians
- Surgeons
- Infectious disease specialists
- Laboratory personnel
- Other healthcare professionals
One important issue is determining the legal relationship between the hospital and the individual healthcare providers. Not every physician practicing at a hospital is necessarily a hospital employee.
An experienced Florida medical malpractice attorney can investigate the relationships among the hospital, physicians, nursing staff, staffing companies, and other entities potentially involved in the patient's care.
What Injuries Can Result From Delayed Sepsis Treatment?
Delayed diagnosis and treatment of sepsis can result in catastrophic complications, including:
- Septic shock
- Acute kidney injury or kidney failure
- Respiratory failure
- Acute respiratory distress syndrome
- Brain injury
- Cardiac complications
- Multiple-organ failure
- Tissue damage
- Limb ischemia
- Amputation
- Permanent disability
- Extended ICU hospitalization
- Death
Some patients who survive severe sepsis may also face lengthy rehabilitation and significant long-term physical or cognitive impairments.
How Do You Prove a Failure-to-Diagnose-Sepsis Malpractice Case in Florida?
A bad medical outcome alone does not establish malpractice.
Generally, a Florida medical malpractice claim requires evidence establishing that the healthcare provider breached the applicable professional standard of care and that the breach caused legally compensable harm.
A sepsis case therefore often focuses on two major questions:
First, should sepsis have been recognized and treated earlier?
Second, would earlier recognition and appropriate treatment probably have changed the patient's outcome?
The second question can be particularly important. If a patient was already critically ill, the defense may argue that the same injury or death would have occurred even with earlier treatment.
Medical expert testimony is often essential to evaluating these issues.
The Timeline Can Be Critical in a Sepsis Malpractice Case
Sepsis cases can be extremely time-sensitive. Reconstructing exactly what happened—and when—may be one of the most important parts of the investigation.
A lawyer investigating a potential claim may examine:
- Emergency department arrival time
- Triage records
- Vital-sign trends
- Nursing assessments
- Physician examinations
- Laboratory order and result times
- Lactate results
- Blood cultures
- Imaging studies
- Antibiotic order times
- Medication administration records
- IV fluid administration
- Physician notification records
- Rapid-response records
- ICU transfer times
- Surgical or other source-control procedures
- Electronic medical record audit information
A difference of hours—or sometimes less—may become highly significant when evaluating whether a delay contributed to the patient's deterioration.
Why Electronic Medical Records Matter
The printed hospital chart may not always tell the entire story.
Electronic health records can contain information concerning when orders were entered, results became available, notes were created, medications were administered, and other events occurred.
In appropriate cases, electronic audit information may help establish the chronology of care and determine whether the medical record accurately reflects when important events occurred.
Preserving relevant evidence early can therefore be important.
What Damages May Be Available in a Florida Sepsis Malpractice Case?
The damages available depend upon the nature and extent of the patient's injuries and the circumstances of the case.
Potential damages may include compensation for:
- Past and future medical expenses
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Disability
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Other legally recoverable damages
When sepsis results in death, eligible survivors and the decedent's estate may have claims under Florida's wrongful death laws, subject to the specific circumstances and applicable law.
Florida Medical Malpractice Presuit Requirements
Medical malpractice claims in Florida are subject to specialized statutory procedures.
Before filing many medical negligence lawsuits, the claimant must comply with Florida's medical malpractice presuit investigation and notice requirements. These procedures may include obtaining appropriate medical records, conducting a reasonable investigation, securing expert support when required, and serving presuit notice.
Failure to comply with applicable requirements can jeopardize a claim.
For that reason, potential sepsis malpractice cases should be investigated well before the applicable deadline approaches.
How Long Do You Have to File a Sepsis Malpractice Lawsuit in Florida?
Florida medical malpractice claims are subject to strict statutes of limitations and statutes of repose.
The precise deadline can depend on several factors, including when the alleged malpractice occurred, when the injury was discovered or reasonably should have been discovered, the identity of the healthcare provider, and whether special circumstances apply.
Different requirements may also apply when the claim involves a governmental hospital or healthcare provider.
Because missing the applicable deadline can prevent an otherwise valid claim from proceeding, patients and families should not assume they have a particular amount of time without obtaining advice regarding their specific circumstances.
What Should You Do If You Suspect Sepsis Was Diagnosed Too Late?
If you or a loved one suffered catastrophic injuries after a delayed sepsis diagnosis, consider preserving as much information as possible concerning the hospitalization.
Important information may include:
- Hospital and emergency room records
- Discharge paperwork
- Laboratory and imaging results
- Medication information
- Photographs
- Records from subsequent hospitals or rehabilitation facilities
- Names of physicians and nurses involved
- A written chronology of what the patient and family remember
- Communications with hospital personnel
A Florida medical malpractice lawyer can then obtain and analyze the complete medical records and consult qualified medical experts to determine whether there is evidence of negligence and causation.
Frequently Asked Questions About Failure to Diagnose Sepsis in Florida
Is every delayed sepsis diagnosis medical malpractice?
No. A delayed diagnosis alone does not establish negligence. The evidence must support that a healthcare provider breached the applicable standard of care and that the breach caused or contributed to legally compensable injury.
Can I sue an emergency room for missing sepsis?
Potentially. If an emergency room physician, nurse, hospital, or other responsible healthcare provider negligently failed to recognize or respond to signs of sepsis and the delay caused injury, there may be grounds for a Florida medical malpractice claim.
Can a hospital be responsible if nurses failed to report worsening vital signs?
Potentially. Nursing care and communication can be important components of a sepsis case. Liability depends on the facts, employment relationships, applicable standards of care, and whether the alleged failure caused harm.
What if antibiotics were eventually given?
The fact that antibiotics were eventually administered does not necessarily resolve whether the care was appropriate. A case may focus on whether treatment should reasonably have begun earlier and whether the delay affected the patient's outcome.
What if the patient died from septic shock?
A death caused or contributed to by negligent delay in diagnosing or treating sepsis may potentially support a Florida medical malpractice and wrongful death claim. The available claims and damages depend on the particular facts and Florida law.
Do I need a medical expert to prove the case?
Florida medical malpractice cases generally involve expert medical review and testimony. Experts may be needed to address the applicable standard of care, whether it was breached, and whether earlier diagnosis and treatment would probably have prevented or reduced the patient's injuries.
Speak With a Florida Sepsis Medical Malpractice Lawyer
When sepsis is not recognized and treated in time, the consequences can be catastrophic. Families are often left wondering whether the outcome was unavoidable or whether critical warning signs were missed.
J.P. Gonzalez-Sirgo, P.A. represents patients and families in serious medical malpractice claims throughout Florida. We investigate hospital records, treatment timelines, nursing care, diagnostic testing, medication administration, and other evidence to determine whether preventable delays contributed to catastrophic injury or death.
If you believe a Florida hospital, emergency room, physician, or nurse failed to timely diagnose or treat sepsis, contact J.P. Gonzalez-Sirgo, P.A. to discuss your potential claim.
Schedule a free and confidential consultation today.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
