SEPSIS MISDIAGNOSIS
Failure to Diagnose Sepsis Lawsuits
Sepsis represents a life-threatening emergency requiring immediate medical intervention. When healthcare professionals fail to recognize sepsis symptoms or delay treatment, patients can suffer catastrophic organ damage, amputations, or death within hours. These tragic outcomes often result from preventable diagnostic errors that may constitute medical negligence.
Sepsis is the body’s toxic life-threatening response to infection that commonly leads to tissue damage, organ failure, and death. The immune system, when functioning properly, works to fight off dangerous bacteria, viruses, fungi, or parasites in order to prevent infection.
If an infection is present, the immune system attempts to fight it, often with the help of antibiotics, antivirals, antifungals, and antiparasitics. Sometimes, however, the immune system turns on itself, and triggers a septic response.
Sepsis is an acute illness requiring urgent treatment to prevent permanent injury and death. The condition can begin with merely a minor infection and the body can self-destruct by attacking its own tissue and internal organs. Misdiagnosis, delayed diagnosis or a Diagnostic Error can lead to wrongful death and the premature loss of a loved one.
Joe Lyon is an experienced medical malpractice lawyer and delayed diagnosis attorney investigating misdiagnosis lawsuits and failure to diagnose cases for plaintiffs nationwide.
What Causes Sepsis?
Sepsis is caused by an overwhelming immune response to an existing infection. The body works to combat the infection, releasing chemicals that may trigger a more widespread inflammation. Sepsis can lead to blood clots and leaking blood vessels. The inflammation and clotting can impair blood flow and deprive organs of nutrients and oxygen.
Blood pressure drops, and septic shock will lead to organs like lungs, kidneys, liver to fail. Sepsis is a major issue in hospitals, and a large reason many patients are readmitted to hospitals.
There are several types of microbes that can cause sepsis, though bacteria—often antibiotic-resistant bacteria—are the most common cause. In some cases, bloodstream infection cannot be detected, and doctors may fail to diagnose sepsis.
It’s possible for sepsis to develop from simply a small cut that gets infected or an infection that develops after a hospital stay.
What Causes Delayed Diagnosis?
Certain groups of individuals are more susceptible to sepsis, including patients with diabetes, cancer, HIV infection or those who are immunosuppressed. The elderly and newborns are at a higher risk, and physicians should be aware of a patient’s vulnerabilities.
It is crucial for hospital staff, nurses, nurse practitioners, and doctors to recognize the signs of septic shock before a patient succumbs to the dangerous condition. Common symptoms may include the following:
- Extremes of body temperature
- Frantic breathing patterns
- Rapid heartbeat with rapid deterioration
- Chronic fatigue
- Muscle and joint pain
- Deteriorating mental state
- Decrease of systolic blood pressure
- Difficulty passing urine
- Unusual skin problems
- High levels of lactic acid in the blood

Legal Standards for Misdiagnosis Claims
Establishing medical negligence requires proving that healthcare providers failed to meet accepted standards of care and this failure directly caused patient harm. In sepsis cases, attorneys must demonstrate that reasonable medical professionals would have recognized the condition and initiated treatment sooner.
Expert witnesses—typically emergency medicine physicians and infectious disease specialists—review medical records to identify where breakdowns occurred. They explain how timely intervention would have altered outcomes, potentially preventing organ damage, amputations, or death.
Documentation becomes crucial evidence. Emergency department charts, vital sign flowsheets, laboratory results, and nursing notes all reveal whether staff appropriately monitored patients and escalated concerns. These records often expose systemic failures in hospital protocols.
CONTACT THE LYON FIRM TODAY
Please complete the form below for a FREE consultation.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Delayed Sepsis Treatment
Sepsis develops in more than 1.5 million hospital patients each year in the United States, and claims tens of thousands of lives. There has been an increased rate of sepsis deaths in the last two decades, and delayed treatment is suspected in many wrongful death cases. This increased rate of cases is likely due to several factors, including:
- An increased ability to diagnose sepsis
- People with chronic diseases are living longer
- Antibiotic-resistant infections often lead to sepsis
- Organ transplant operations are more common
Even one hour can make a difference in diagnosing and treating sepsis before septic shock can claim a life. There are hospital guidelines established for diagnosing and treating infection, and when these guidelines are not followed, a malpractice lawsuit may be viable. Delayed treatment and delayed antibiotic treatment can contribute to deaths.
Doctors typically treat patients in intensive care units. The goal is stopping the infection, protecting vital organs, and preventing a drop in blood pressure. The treatment almost always includes antibiotic medications.
Taking Legal Action Following Sepsis Misdiagnosis
Delayed treatment of a failure to diagnose sepsis can be devastating and deadly. Severe injury and fatal outcomes can be prevented, however, when doctors and nurses remain cautious and perform their duties as medical professionals.
Amputations, brain injuries and death are not uncommon following sepsis misdiagnosis, and legal action may be necessary to hold those liable responsible and prevent future injuries to other patients.
Sepsis survivors may have permanent organ damage. There is also evidence that serious cases of sepsis disrupt a person’s immune system, making them more at risk for future infections.
Healthcare facilities and staff should be aware of all the warning signs of septic shock, particularly with diabetics and cancer patients at higher risk.
Compensation Available in Sepsis Cases
Victims and their families may recover substantial damages addressing economic and non-economic losses. Medical expenses include emergency treatment, intensive care, surgeries, rehabilitation, prosthetics, home healthcare, and future medical needs.
Lost income encompasses wages already forfeited and future earning capacity destroyed by disability. Many survivors cannot work again, requiring lifetime financial support.
Non-economic damages compensate for physical suffering, emotional distress, disability, disfigurement, and diminished life quality. When misdiagnosis proves fatal, wrongful death claims address funeral costs, lost financial contributions, and the immeasurable loss of family relationships.
Why Choose The Lyon Firm?
Sepsis misdiagnosis litigation requires attorneys with deep understanding of emergency medicine protocols and infectious disease management. The Lyon Firm has successfully represented numerous families devastated by diagnostic failures.
Our legal team works with nationally recognized medical experts who provide compelling testimony about standard-of-care violations. We thoroughly investigate each case, obtaining complete medical records, interviewing witnesses, and consulting with specialists across multiple disciplines.
The Lyon Firm understands the complex medical science surrounding sepsis diagnosis and treatment. We can effectively challenge hospital defenses, cross-examine opposing experts, and present technical information clearly to juries.
We handle all sepsis cases on contingency, requiring no upfront attorney fees. You pay nothing unless we secure compensation for your family. This approach ensures access to justice regardless of financial circumstances.
CONTACT THE LYON FIRM TODAY
Questions about Sepsis Misdiagnosis Cases
- Bacteria in the blood or urine
- X-ray, CT scan, or ultrasound
- An abnormal white blood cell count
- A low platelet count
- Low blood pressure
- Too much acid in the blood
- Abnormal kidney or liver function
The three stages of sepsis include sepsis, severe sepsis, and septic shock. When the immune system goes to work due to an infection, sepsis may develop as a result.
- Antibiotics
- Intravenous fluids
- Vasopressors
Yes, if healthcare providers failed to recognize sepsis or delayed treatment, surviving family members can pursue wrongful death claims. Eligible parties typically include spouses, children, and parents depending on state law.
Key evidence includes medical records showing vital signs, laboratory results, provider documentation, and timing of interventions. Expert medical testimony establishes whether healthcare providers met standard-of-care requirements for sepsis recognition and treatment.
Statutes of limitations vary by state, generally ranging from one to three years from the injury date or death. Some jurisdictions have discovery rules extending deadlines. Consulting an attorney promptly ensures your claim remains timely.
Medical Malpractice Information Center
- Birth Trauma
- Prescription Error
- Failure to Diagnose
- Hospital Acquired Infection
- Retained Foreign Objects
- Emergency Room Negligence
- Surgical Errors
- Unnecessary Surgery
- Wrong Site Surgery
- Anesthesia Mistakes
- Robotic Surgery
- Radiology Error
- Lasik Surgery
- Testosterone Therapy
- Opioid Overdose
- Anoxic Brain Injury
- Air Embolism
- Blood Incompatibility
- Fertility Clinics
- Intubation Injury
- VA Negligence
- Medication Errors
-
-
Answer a few general questions.
-
A member of our legal team will review your case.
-
We will determine, together with you, what makes sense for the next step for you and your family to take.
-