The National Institute of General Medical Sciences (NIH) states that at least 1.7 million adults in the U.S. develop sepsis, and at least 350,000 die as a result.
If you or a loved one suffered from post-operative sepsis due to medical negligence or improper care, you may be entitled to compensation for damages. Sepsis and septic shock are medical emergencies that can have devastating health outcomes, and providers must act quickly to identify warning signs and provide the necessary treatment. If a physician or other healthcare professional failed to meet the treatment standards for sepsis and caused you preventable harm, legal action may be an option.
The California medical malpractice attorneys at Bostwick & Peterson LLP have decades of experience handling various sepsis cases and have the expertise to give their clients all the information and guidance they need when filing a lawsuit for sepsis after surgery.
Understanding Sepsis
Sepsis and septic shock (dangerously low blood pressure) are medical emergencies that can have devastating health outcomes. As such, providers must act swiftly to identify warning signs, arrive at an accurate and timely diagnosis, and provide the necessary treatment. Examples of adverse health outcomes caused by sepsis include:
- Tissue damage
- Organ failure
- Loss of limbs/amputation
- Respiratory or heart failure
- Stroke
- Death
When Surgical Errors Cause Sepsis
In the case of post-operative sepsis, this will most often occur when a mistake is made when the surgeon makes an incision during surgery. If the surgeon does not meet the standard of care for operating procedures, they risk causing the patient to get a life-altering infection. The Sepsis Alliance states that there are a few signs to look for to determine if you have post-operative sepsis:
- Increasing redness around the incision
- Pus or other fluid coming from the incision
- Warmer than usual skin around the incision
- Increased pain around the incision
- Fever
- Fatigue
The Role of Your California Attorney In Your Medical Malpractice Case
Surgical errors are a form of medical malpractice, and surgeons must follow the hospital standard of care to ensure the safety and health of their patients. Per California Civil Jury Instructions (CACI No. 501), medical negligence occurs when: A provider fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful providers/specialists would use in the same or similar circumstances.
Failing to follow the duty of care owed to the patient should require the patient to receive the compensation they deserve.
The standard of care may be different depending on the circumstances of a case, including the type of medical professional, the patient’s medical condition and medical history, and the treatment provided. However, it is generally defined as a provider’s duty to act within the accepted standards of their profession/specialty and in a manner that other reasonably skilled, careful, and knowledgeable providers would act.
When bringing a medical malpractice claim, plaintiffs will need to prove a few essential elements. This includes proving that:
- The provider owed the patient a duty of care.
- The provider breached their duty of care, typically due to negligence / medical errors.
- The provider’s medical negligence was a substantial cause of the plaintiff’s injury, and the plaintiff suffered actual damages as a result.
In addition to proving negligence (breach of duty), plaintiffs must also prove causation and damages.
When you work with an experienced medical malpractice attorney, they will help you through the legal process in a way that will see that justice is served and make the legal process as painless as possible for you and your loved ones.
California’s Medical Malpractice Damages Cap
California is one of several states that have imposed a cap on damages available to victims in medical malpractice lawsuits. This cap places a $350,000 limit on non-economic damages, which include intangible losses such as:
- Pain and suffering
- Physical or mental impairment
- Loss of quality/enjoyment of life
- Loss of consortium
Damage caps have long been controversial, and many argue that they remove decision-making power from juries and arbitrarily limit the rights of victims to recover fully for their non-economic losses. Damage caps also affect only the most seriously harmed – including seriously injured victims and grieving families who endure the most profound emotional injuries.
While victims’ advocates continue to fight for the abolishment of damages caps (learn more about the legal update here), they remain the law in California medical malpractice cases. This makes recovering total compensation for economic damages, which do not have a cap, all the more important.
Our California personal injury lawyers know our clients depend on full and fair financial recoveries to help them through the years to come. We work diligently to build the strongest possible claims and help our clients fight for the maximum compensation possible.
Discuss Your Case With California’s Expert Medical Malpractice Attorneys
The medical malpractice attorneys at Bostwick & Peterson LLP have decades of experience in Sepsis cases and the resources to evaluate your case properly. Our firm has obtained 17 million dollar settlements in sepsis cases and understands what is required to get our clients the justice they deserve.
To discuss your case with one of California’s expert medical malpractice attorneys, contact us today. Our team is ready to fight on your behalf and help you on your path to healing.
