Sepsis and Post-Surgical Infections: What Florida Patients Need to Know
After surgery, your body is vulnerable as it heals. While minor infections are a known surgical risk, severe infections and sepsis are not always “just complications.” In many cases, they stem from medical negligence — such as poor sterilization, delayed diagnosis, or improper wound care. Understanding the difference between an unavoidable complication and malpractice is critical for patients and families in Florida.
When an Infection Crosses the Line Into Malpractice
Florida law recognizes that not every adverse outcome means malpractice. However, a hospital, surgeon, or nurse may be legally responsible if they failed to meet the accepted medical standard of care. Examples include:
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Unsterile surgical technique leading to contamination
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Improper cleaning or dressing of surgical wounds
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Failure to monitor for infection in the days following surgery
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Delayed diagnosis or treatment of sepsis, allowing it to spread
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Negligent use of catheters or IV lines, introducing bacteria into the bloodstream
When these lapses occur, a preventable infection can escalate quickly into sepsis, a life-threatening emergency.
Understanding Sepsis and Its Dangers
Sepsis is the body’s overwhelming response to infection, which can lead to organ failure, septic shock, and death. Early warning signs include:
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Fever or hypothermia
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Rapid heartbeat or breathing
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Confusion or disorientation
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Low blood pressure
If hospital staff fail to act promptly on these symptoms — for example, by not ordering labs, cultures, or antibiotics — that delay can make the difference between recovery and catastrophe.
Proving a Medical Malpractice Claim in Florida
To pursue a sepsis-related malpractice claim in Florida, your attorney must show:
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A provider-patient relationship existed;
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The provider breached the standard of care;
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The breach caused your infection or sepsis; and
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You suffered measurable harm as a result.
This often requires expert medical testimony, review of surgical and hospital records, and analysis of infection-control practices.
Under Florida Statute §766.102, the “standard of care” is what a reasonably careful provider would have done under similar circumstances. Failing to meet that standard can lead to liability.
Hospitals and Infection Control Responsibilities
Hospitals in Florida have a duty to maintain rigorous infection-control protocols. When they don’t, they can be held accountable. Common facility-level failures include:
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Understaffing in post-operative care units
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Inadequate disinfection of surgical instruments
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Poor hand hygiene compliance
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Ignoring CDC or Joint Commission standards
Patients harmed by these systemic issues may have a claim against the hospital in addition to individual healthcare providers.
Your Legal Options After a Sepsis Injury or Death
If you or a loved one developed sepsis after surgery in Florida, don’t assume it was “just bad luck.” A prompt investigation by a Florida medical malpractice attorney can determine whether negligence played a role. Compensation may include medical bills, lost income, long-term care costs, and pain and suffering.
Families who lose a loved one to sepsis may also pursue a wrongful death claim under Florida Statute §768.21.
Talk to a Florida Medical Malpractice Attorney
Sepsis is one of the most devastating and preventable post-surgical conditions. If you suspect your infection was caused by negligence, contact an experienced Florida medical malpractice lawyer to discuss your rights and options. Early action can protect crucial evidence and improve your chances of recovery — both medically and legally.
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.
