Nursing homes have a duty to offer quality care to their residents, which includes taking steps to maintain their physical and mental health. The California Advocates for Nursing Home Reform (CANHR) is clear on the responsibilities of nursing homes caring for elderly residents. However, some facilities do not adequately enforce these regulations. This leaves their residents vulnerable to injuries and infections, which can easily escalate to sepsis.
If your loved one has suffered sepsis due to nursing home negligence, it is understandable to be angry and seek to hold those responsible accountable. A San Diego sepsis lawyer from Pintas & Mullins Law Firm is ready to review your case and discuss legal avenues to pursue justice for your loved one. Contact our team at (800) 842-6336 to schedule your free and confidential case evaluation appointment today.
Sepsis Explained
Sepsis is a serious and potentially fatal complication of common infections that can worsen with improper treatment. When the body mounts an immune response against an infection, the immunity chemicals released should fight the foreign infection-causing pathogens. When sepsis sets in, these chemicals cause inflammation throughout the body instead.
In its early stages, symptoms of sepsis include difficulty breathing, high fever, and increased heart rate. Septic shock sets in the last stages as sepsis progresses. It causes the patient’s blood pressure to drop drastically, after which the organs begin to shut down. Once septic shock sets in, the results can be fatal.
Severe sepsis is more common in adults who are 65 and older. According to a study published in the World Journal of Critical Care Medicine, reduced immunity, functional limitations, and preexisting conditions can make older adults more susceptible to developing septic shock. Once developed, it leads to a higher death rate for those in this age group.
How Sepsis Develops Among Nursing Home Residents
Nursing home residents tend to have a higher risk of developing sepsis. They often have preexisting conditions, like heart disease and hypertension, which can cause weakened immune systems. When fighting an infection, the immune systems of these patients have to work harder to achieve the same result. An over-release of the infection-fighting chemicals may make sepsis more likely.
Any infection, even a benign one, can lead to sepsis. As such, it is critical for nursing home staff to maintain a clean environment for residents. Any untreated or undressed scrapes, burns, or bedsores are prime entry points for disease-causing pathogens. Treatment supplies like catheters, breathing tubes, and IV lines can also become contaminated, introducing patients to infections.
Should your loved one develop sepsis or septic shock, it will be important to identify the cause. If there is evidence of improper care from the nursing home staff, your lawyer can use it to point to the party or parties responsible. Following those findings, an attorney can build a case that helps your family seek damages. Reach out to the team at Pintas & Mullins Law Firm today.
For a free legal consultation with a Sepsis Lawyer serving San Diego, call (800) 842-6336
Consequences of Elder Neglect by Nursing Home Staff
All residents of nursing homes have a right to quality care that includes clean, comfortable living spaces and well-balanced meals. The nursing home staff have a duty to protect residents in their care from health hazards, such as exposure to infectious pathogens that could lead to sepsis. They should monitor residents’ health regularly and offer medical treatment when necessary.
Based on the California Penal Code (PEN) §368, elder abuse is a crime. Moreover, the California Elder Abuse Act considers acts of negligence against seniors as forms of abuse. Depending on the nature of the neglect, nursing home staff may face criminal charges, which could lead to hefty fines or even imprisonment. Your family may decide to bring a separate civil suit against the negligent party or parties for compensation.
Nursing homes are liable for what happens to residents in their care. If they suffer injuries or neglect, the nursing home may be liable to pay damages for:
- Medical expenses and rehabilitation
- Therapy
- Pain and suffering
If your loved one passes away due to sepsis, the responsible parties may be liable for wrongful death damages, as well.
San Diego Sepsis Lawyer Near Me (800) 842-6336
Statute of Limitations for Sepsis from Nursing Home Neglect
In California, there are limited timelines within which victims can file personal injury or wrongful death lawsuits. Specifically, California’s Code of Civil Procedure (CCP) §335.1 provides two years to file a civil claim for personal injury or wrongful death from sepsis or septic shock. If the case involves medical malpractice, CCP §340.5 extends this timeline to four years.
If you suspect that your loved one developed sepsis due to negligence, it may be helpful to consult a lawyer as soon as possible. If you have a case, this gives your attorney adequate time to build a strong case and file a lawsuit before the deadline. Remember, criminal and civil cases operate independently of one another. Therefore, you can file a civil case even if the state attorney has not filed criminal charges.
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San Diego Sepsis Lawyer at Your Service
If your loved one has suffered life-threatening sepsis due to nursing home negligence, your family deserves to recover damages. The people you trusted to care for your loved one neglected their duties, and you have the right to hold them responsible.
At Pintas & Mullins Law Firm, our San Diego sepsis lawyer can review your case and explain various aspects of the law. If you decide to work with us, we can help you initiate the best action to seek justice. Call our offices at (800) 842-6336 for your free, no-obligation case evaluation today.
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