Undiagnosed or untreated infections are among the most dangerous and avoidable medical errors affecting elderly patients in Florida. Seniors—especially those in nursing homes, rehab centers, assisted-living facilities, and hospitals—often cannot communicate their symptoms clearly. When doctors and nurses miss the signs of infection, the result can be catastrophic: sepsis, septic shock, organ failure, disability, or wrongful death.
If your elderly parent or loved one suffered harm because their infection was not diagnosed or treated in time, you may have grounds for a Florida medical malpractice claim. Here’s what Florida families should know.
Why Undiagnosed Infections Are So Dangerous for Elderly Patients
Older adults are uniquely vulnerable to infections due to weakened immune systems, chronic medical conditions, and reduced physiological reserves. Common infections that often go undetected include:
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Urinary tract infections (UTIs)
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Pneumonia
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Skin or wound infections
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Bloodstream infections
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C. diff or gastrointestinal infections
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Catheter-associated infections
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Post-surgical infections
In elderly patients, infections often present with nonspecific symptoms—confusion, fatigue, decreased appetite, or delirium—which medical staff can mistakenly dismiss as dementia or age-related decline. This delay in diagnosis can turn a treatable infection into a life-threatening emergency.
Examples of Medical Negligence Leading to Undiagnosed Infections
Under Florida law, not every infection is malpractice—but failing to properly recognize, diagnose, or treat it may be. Negligence may include:
1. Failing to Monitor Vital Signs or Labs
Elderly patients often require close monitoring. Warning signs include elevated heart rate, fever, low oxygen, low blood pressure, or abnormal lab results (WBC count, lactate, etc.).
Not checking—or ignoring—these indicators can be malpractice.
2. Dismissing Early Signs of Infection
Nurses and doctors may blame confusion or lethargy on dementia instead of investigating for infection—an error that can delay life-saving treatment.
3. Not Ordering Necessary Tests
This includes failing to order:
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Urinalysis
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Blood cultures
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Chest X-rays
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Wound cultures
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CT scans when appropriate
4. Delayed or Inadequate Treatment
Even if the infection is eventually diagnosed, delays in administering antibiotics or IV fluids may violate the standard of care.
5. Poor Communication Between Providers
Miscommunication during shift changes, between nurses and doctors, or between facilities can cause dangerous delays.
6. Failing to Transfer a Patient to a Hospital
Nursing homes and ALFs sometimes wait too long to transfer a declining patient—leading to preventable sepsis or death.
When Undiagnosed Infections Become Medical Malpractice in Florida
To pursue a medical malpractice claim in Florida, you must show:
1. A Provider-Patient Relationship
The medical provider (hospital, nursing home, doctor, nurse practitioner, etc.) owed a duty of care.
2. A Breach of the Standard of Care
This means the provider failed to act as a reasonably careful medical professional would under similar circumstances.
3. The Negligence Caused Harm
Examples of harm include:
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Sepsis or septic shock
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Extended hospitalization
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Organ failure
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Amputation
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Brain damage from oxygen deprivation
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Wrongful death
4. Damages
Economic and non-economic losses may include:
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Medical bills
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Funeral expenses
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Pain and suffering
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Loss of companionship
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Disability or long-term care needs
If these elements can be proven, you may have a malpractice case.
Common Florida Facilities Where Undiagnosed Infection Cases Arise
Elderly patients frequently develop undiagnosed infections in:
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Hospitals
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Nursing homes
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Rehabilitation centers
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Assisted-living facilities
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Memory-care units
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Home-health care settings
Understaffing, turnover, and lack of training at many facilities increase the risk of delayed diagnosis.
How an Attorney Proves an Undiagnosed Infection Case
A Florida medical malpractice attorney typically conducts a detailed investigation, which may include:
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Reviewing medical charts for missed signs
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Analyzing vital-sign trends and documentation gaps
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Obtaining expert medical opinions
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Reviewing nursing-home logs and staffing levels
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Examining lab result timelines
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Evaluating treatment delays
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Assessing compliance with federal and Florida regulations
Expert testimony is required under Florida law to establish the standard of care and how it was violated.
What to Do If You Suspect an Undiagnosed Infection
If you believe an elderly loved one suffered complications due to a missed infection, take these steps:
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Request the full medical chart
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Document symptoms or changes you observed
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Request transfer or a second opinion if the patient is still in care
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Preserve medication lists, labs, and progress notes
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Speak with a Florida medical malpractice attorney promptly
Florida has strict pre-suit requirements and deadlines, so acting quickly is crucial.
When Undiagnosed Infections Lead to Wrongful Death
Sadly, many undiagnosed infection cases involving elderly patients result in wrongful death. Florida’s Wrongful Death Act allows certain surviving family members to seek compensation for:
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Loss of companionship
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Mental pain and suffering
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Funeral and burial expenses
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Medical bills
An attorney can help families understand their rights and determine which damages apply.
Speak With a Florida Medical Malpractice Lawyer
Undiagnosed infections are preventable, and elderly patients deserve attentive, competent medical care. If your loved one was harmed because a doctor, hospital, or nursing home failed to diagnose an infection in time, you may have grounds for a Florida medical malpractice lawsuit.
An experienced attorney can help you uncover what went wrong, hold negligent providers accountable, and pursue the compensation your family deserves.
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.
