Infections in nursing homes are especially serious since diseases spread rapidly in such close proximity. While it is possible to treat most of these infections, there is a chance that they will cause another condition called sepsis, which can occur when an infection goes untreated for too long. Sepsis is potentially fatal and requires emergency medical care to treat. No patient in a nursing home should have an infection long enough to get sepsis.
Suppose your loved one experiences complications from sepsis while in the care of a nursing home facility. They may be entitled to compensation from that facility. Every case is different, which is why you should discuss your case with a Miami sepsis lawyer to see what legal steps you can take next. Contact Pintas & Mullins Law Firm at (800) 842-6336 for a free consultation about your case.
Defining Sepsis
Sepsis is a potentially fatal illness that requires emergency treatment to cure. According to the Centers for Disease Control and Prevention (CDC), it is an overreaction by the body’s defenses against infection. When someone develops an infection, the body’s immune system tries to fight it with support from other vital systems throughout the body. In some cases, the body tries too hard to kill the infection and can damage itself in the process. If untreated, the overreaction continues and can cause permanent damage.
This is why sepsis is such a serious problem for nursing homes. There are higher infection rates in nursing facilities, and those infections could go on long enough for sepsis to develop. When this happens, the resulting damage combined with an uncured infection can be fatal for the patient.
Sepsis requires emergency care to treat. Essentially, the treatment involves trying to minimize the damage while quickly curing the infection. Once the infection is gone, the reaction to it can stop and possibly cure sepsis. Sepsis is not attached to a specific infection. While it is more common with bacterial infections, viral infections can cause it, too. If you think that your loved one may have sepsis, it is important that you get them help as soon as possible. The sooner you intervene, the better their chances are.
Determining Liability
In sepsis cases, determining liability is important since it could impact the outcome of the case. Unlike other nursing home abuse cases, sepsis cases are generally targeted at the facility rather than individual caregivers. The facility has a duty to ensure that patients are well-cared for and receive the right medical care, including proper testing. Therefore, the facility can be held liable for not treating the infection on time and failing to ensure that patients receive the right treatment type.
For a free legal consultation with a Sepsis Lawyer serving Miami, call (800) 842-6336
Statutes of Limitations
If you are considering filing a lawsuit against the person or organization responsible for your loved one’s sepsis, you should discuss your case with a lawyer sooner rather than later. There is a legal time limit to how long you have to file your lawsuit. This is called the statute of limitations, and missing the deadline could prevent you from collecting compensation.
In the state of Florida, you have two years to file nursing home injury lawsuits, according to Florida Statutes §400.0236. This includes nursing home abuse cases. Give your lawyer enough time to build and file your lawsuit by reaching out as soon as possible. Waiting too long to start the process may make it difficult to collect evidence and find witnesses, and you run the risk of missing a deadline and having your case dropped on technical reasons.
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Seeking Compensation
Seeking compensation in a lawsuit may be a practical measure to stem the damage caused by sepsis. Treatment for sepsis can be expensive. According to the Journal of the American Geriatrics Society, it takes specialized testing to determine if sepsis has started. Additionally, patients need intensive care in a hospital setting. This care can be expensive, and family members often help with the costs. By filing your lawsuit, you may be able to recover some of those costs in compensation awards.
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Reasons to Hire a Lawyer
It may be in your best interest to hire a lawyer to help you through your lawsuit. The case will likely involve an insurance company since liability insurance programs protect most medical facilities. Insurance companies are motivated to pay as little as possible to victims to reduce their costs. Without a lawyer, you may have to negotiate with the insurance company and manage your lawsuit alone. A Miami sepsis lawyer from our team can help you through the process.
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Settlement vs. Trial
Once an insurance company is involved, you may be offered a settlement agreement. There are many reasons why you could be offered a settlement agreement, but it is important to remember that the settlement agreement can benefit you under the right circumstances. You and your lawyer must negotiate good terms for your needs.
You are not obligated to accept a settlement agreement or to renegotiate one. Instead, you can take your case to trial. You may receive more compensation than you would have through negotiation. Unfortunately, going to trial takes a long time. You have to wait for a court date since they are often backed up.
Contact Us for a Consultation
Sepsis is exceedingly dangerous for seniors in nursing care. Not only do they have a higher chance of developing sepsis, but they are also more vulnerable to the effects of sepsis. If you think that your loved one is experiencing problems with their health due to sepsis, you should consult with a Miami sepsis lawyer from our team. If you want legal advice, contact Pintas & Mullins Law Firm. No matter how tough your case may be, we are here to help. Call us at (800) 842-6336 for a free consultation.
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