Time is critical – studies show that for every hour of delayed treatment, a patient’s risk of death from sepsis rises by about 4–9%, and as many as 80% of sepsis deaths could be prevented with timely care. Despite this, sepsis is frequently not recognized until it has progressed to a crisis. In fact, a Johns Hopkins study identified sepsis as one of the top five most commonly missed conditions in diagnostic error cases, alongside stroke and pneumonia. In other words, sepsis misdiagnosis or delayed diagnosis is a major contributor to serious patient harm. This is unacceptable – and it forms the basis for many medical malpractice claims when doctors and hospitals fail to meet the standard of care.
What Is Sepsis and Why Prompt Diagnosis Matters
Sepsis is the body’s extreme reaction to an infection, causing inflammation throughout the body. It can lead to tissue damage, organ failure, and death if not treated immediately. Any infection – from a urinary tract infection leading to sepsis to pneumonia or a surgical wound – can trigger sepsis. Doctors and nurses are trained to recognize warning signs: high or low temperature, rapid heart rate, confusion, extreme pain, and lab tests indicating infection. When these signs are present, medical providers must act quickly with antibiotics, fluids, and supportive care. A delay of even a few hours can mean the difference between recovery and a tragedy.
Because early symptoms of sepsis can resemble other illnesses, healthcare professionals sometimes underestimate the danger. However, missing the diagnosis of sepsis is a grave error. If a doctor dismisses a patient’s severe infection as “just the flu” or sends someone home from the ER when they are actually developing sepsis, the consequences can be fatal. Medical guidelines and hospital protocols (such as “sepsis alerts” or rapid response teams) exist to catch sepsis early. When those protocols are not followed or a provider fails to diagnose sepsis in time, it may be negligence. Prompt diagnosis matters because timely treatment greatly improves survival – every hour counts.
Common Sepsis Malpractice Scenarios
Medical negligence can turn a treatable infection into a life-threatening emergency. Here are some common scenarios in which failing to meet the standard of care can lead to a sepsis malpractice case:
- Failure to Diagnose Sepsis: Doctors or ER staff overlook classic sepsis signs and do not recognize the condition until it’s too advanced. For example, an emergency room physician might mistake sepsis for a minor viral illness and delay crucial treatments. Such failure to diagnose sepsis can give the infection time to progress to septic shock, with catastrophic results.
- Delayed Treatment or Inadequate Care: The medical team identifies the infection but fails to act fast enough. Delays in administering IV antibiotics, fluids, or other interventions allow the patient’s condition to deteriorate. In sepsis cases, a delay of even an hour or two in starting treatment can dramatically increase mortality risk. If a hospital’s slow response or lack of proper protocol causes a preventable decline, it may constitute malpractice.
- Premature Discharge or Missed Infection: A patient comes to an emergency room with clear infection symptoms (fever, elevated heart rate, etc.), but is sent home without proper evaluation. If that patient returns in septic shock or dies because the infection wasn’t caught initially, the hospital or ER doctors could be liable. Discharging a patient who is actually developing sepsis – or not following up on abnormal lab results – is a serious error.
- Pediatric Sepsis Misdiagnosis: Children can develop sepsis from routine infections like strep throat or an ear infection, but they may not be able to communicate how sick they feel. Sadly, pediatric sepsis misdiagnosis is a known problem – a doctor might dismiss a very ill child’s symptoms as a common cold or stomach bug. When a child’s sepsis is not recognized, the delay in treatment can cause lifelong disabilities or death, and it may be considered negligence.
- Mismanaged Infections Leading to Sepsis: Many sepsis cases start with an infection that wasn’t properly treated. For example, an untreated urinary tract infection in an elderly patient can turn into urosepsis, or an ignored surgical site infection can spread into the bloodstream. If healthcare providers didn’t address the initial infection or follow up appropriately, they may be at fault. In nursing homes or hospitals, we often see cases where bedsores, IV line infections, or pneumonia were not managed, and the patient developed severe sepsis as a result.
Each of these scenarios represents a breakdown in the standard of care. Doctors are expected to recognize when a patient is at risk of sepsis and to respond immediately. When they don’t, the law allows victims and their families to pursue a malpractice claim for the harm caused.
Devastating Consequences of Sepsis Malpractice
Sepsis is one of the most dangerous conditions in medicine – and when it’s not treated in time, the outcome is often life-changing. Patients who suffer septic shock can experience multi-organ failure, requiring intensive care and life support. Many survivors face long-term complications: amputations of limbs due to tissue damage, kidney failure requiring dialysis, or permanent lung and heart issues. Brain injury from prolonged low blood pressure or lack of oxygen is also a risk, potentially leading to cognitive impairments.
Tragically, sepsis can be fatal. Families may lose a loved one to sepsis within just days of what started as a simple infection. In fact, sepsis accounts for an estimated 270,000 deaths in the U.S. each year. When a preventable death occurs because a medical provider failed to act, it often constitutes a wrongful death due to medical malpractice. No family should have to endure the grief of knowing a loved one might have survived with proper care.
The emotional and financial toll of sepsis malpractice is enormous. Victims may incur hundreds of thousands of dollars in medical bills for surgeries, ICU stays, and rehabilitation. They often cannot work for months (if ever again), leading to lost income. Loved ones suffer mental anguish and loss of companionship. These consequences are exactly why the legal system allows you to seek compensation – to help relieve the burden and hold the negligent parties accountable.
Pursuing a Sepsis Malpractice Lawsuit
If you suspect that medical negligence played a role in a sepsis injury or death, you have the right to pursue a legal claim. A sepsis malpractice lawsuit is a civil action that seeks to prove a healthcare provider’s failure to meet the standard of care. In essence, you and your attorney must show that the doctor or hospital acted (or failed to act) in a way that a reasonably careful medical professional would not have, and that this negligence directly caused harm.
These cases often require expert medical testimony. For example, a critical care expert or septic shock specialist might review the records and testify that the patient’s symptoms should have been recognized and treated earlier. Evidence in a sepsis case can include ER triage notes, lab results (like high lactic acid levels or positive blood cultures), and hospital protocols for sepsis management. By gathering this evidence, your attorney builds a case that the delay or mistake was not just an “unfortunate outcome,” but a breach of duty by the provider.
Sepsis malpractice settlements and verdicts tend to reflect the severity of these cases. Because the injuries are often catastrophic – or the case involves a wrongful death – compensation can be substantial. While every case is different, damages in a sepsis malpractice claim may include:
- Medical Expenses: All past and future medical bills related to the negligence, such as emergency surgery, hospitalization, medications, rehabilitation, and long-term care needs.
- Lost Income and Future Earnings: Wages lost during recovery, as well as loss of earning capacity if the victim cannot return to work or has a reduced ability to work due to disabilities from sepsis.
- Pain and Suffering: Compensation for the physical pain endured (sepsis and its treatment can be excruciating), as well as emotional distress, trauma, and loss of enjoyment of life. Surviving a near-fatal infection or losing a limb has profound psychological effects, and the law recognizes this.
- Wrongful Death Damages: If a loved one died, the family can seek funeral and burial expenses, as well as damages for the loss of companionship, guidance, and support that the deceased would have provided. In Georgia, wrongful death claims can also value the deceased person’s life from the perspective of the family and the pain suffered before death.
Pursuing a lawsuit not only provides a path to financial recovery, but also brings a sense of accountability. Hospitals and doctors are forced to confront their mistakes, which can lead to changes that protect future patients. Many families take comfort in knowing that their case might prevent someone else from suffering the same fate.
How an Atlanta Sepsis Lawyer Can Help You
Sepsis malpractice cases are complex, medically and legally. It’s crucial to work with an attorney who understands both the medical issues and Georgia malpractice law. An experienced Atlanta sepsis lawyer will know how to investigate your case thoroughly. This includes obtaining all relevant medical records, consulting leading medical experts (such as infectious disease physicians or ICU septic shock specialists), and determining exactly where the care fell short. Our firm focuses exclusively on medical malpractice, so we have the resources and knowledge to build a strong case on your behalf.
When you hire a sepsis malpractice attorney, you gain an advocate to handle the heavy lifting. We will:
- Investigate and gather evidence: We’ll review hospital charts, doctor’s notes, lab results, and witness statements to piece together what happened. If guidelines (like sepsis protocols) were ignored, we’ll find out.
- Work with medical experts: We partner with respected doctors who can testify about how timely treatment should have been given. Their expert opinions can strongly support your claim that negligence occurred.
- Handle all legal filings and deadlines: Georgia has strict deadlines (statutes of limitation) for filing malpractice claims – often two years from the date of injury. We ensure your case is filed on time and meets all legal requirements, so your rights are protected.
- Negotiate with hospitals and insurance companies: Healthcare providers often have powerful insurers and defense lawyers. We are experienced in dealing with them. Our goal is to negotiate a fair settlement that fully compensates you. If they refuse to offer a fair amount, we are prepared to take your case to trial and present it to a jury.
- Provide compassionate support: Most importantly, we guide you through every step with care and understanding. Suffering from a medical trauma like sepsis is overwhelming – our job is to shoulder the legal burden so you can focus on healing and your family.
Having knowledgeable sepsis attorneys on your side evens the playing field. We understand the medicine behind sepsis and the law behind malpractice. That combination is critical in proving what went wrong. Our team has handled numerous infection and misdiagnosis cases, so we know how to demonstrate that with proper care, the outcome would have been different.
Compassionate Legal Support in Atlanta and Georgia
No one should suffer because a doctor or hospital failed to do their job, especially in a time-sensitive crisis like sepsis. If you or a loved one have been harmed by a misdiagnosis or delayed treatment, know that you have rights and there is help available. Our Atlanta-based firm has helped many families across Georgia navigate these difficult cases. We bring both compassion and tenacity to every sepsis malpractice claim we handle.
Contact us today for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain the next steps – all at no cost to you. If we take your case, you pay no fees unless we win. This means you can get quality legal representation without any financial risk. Don’t wait to seek answers and justice. The sooner you speak with an attorney, the sooner we can begin preserving evidence and building a case to support your claim.
Sepsis can shatter lives in a matter of hours – but you have the power to hold the negligent medical providers accountable. Let us help you seek the accountability and compensation you deserve. Contact our Atlanta sepsis lawyers today and let us fight for you while you focus on recovery. We are ready to stand by your side and pursue justice for you and your family.
Below, we've tried to anticipate some questions you might have.
- How is sepsis misdiagnosed?
Introduction to Sepsis Misdiagnosis in Georgia
Sepsis is a life-threatening condition that can be challenging to diagnose, and when misdiagnosed, it can have catastrophic consequences for patients. In Georgia, as in other states, timely and accurate diagnosis of sepsis is critical for effective treatment. Understanding how sepsis can be misdiagnosed is essential for patients and their families.
Common Causes of Sepsis Misdiagnosis
Sepsis misdiagnosis can occur due to various factors, primarily stemming from errors or negligence during the diagnostic process. Common causes include healthcare providers failing to recognize the early signs and symptoms of sepsis, misinterpreting test results, or not ordering necessary diagnostic tests, such as blood cultures, to confirm the presence of infection. Sepsis can also be misdiagnosed when healthcare professionals mistake it for other conditions with similar symptoms, like the flu or pneumonia.
Delayed Diagnosis and Its Consequences
One significant consequence of sepsis misdiagnosis is delayed treatment, which can result in severe complications and harm to patients. Sepsis is a rapidly progressing condition that demands immediate intervention. Negligence can occur when healthcare providers fail to recognize the urgency of the situation or when they do not promptly order the necessary diagnostic tests or start appropriate treatment, such as antibiotics and supportive care.
Proving Sepsis Misdiagnosis Cases
To establish a medical malpractice case related to sepsis misdiagnosis in Georgia, it is typically necessary to demonstrate that the healthcare provider owed a duty of care to the patient, that this duty was breached through negligence in diagnosis or treatment, and that this breach directly caused harm or injury to the patient. Expert testimony from qualified medical professionals who can attest to the standard of care and whether it was violated is often crucial in building a strong case.
Legal Recourse for Sepsis Misdiagnosis Victims in Georgia
Patients who believe they have suffered harm or injury due to sepsis misdiagnosis in Georgia have the right to pursue legal remedies. Our Atlanta law firm specializes in medical malpractice cases, including those related to sepsis misdiagnosis. We are dedicated to advocating for the rights and well-being of victims, helping them secure compensation for their injuries, medical expenses, and pain and suffering. If you believe you or a loved one has experienced sepsis misdiagnosis in Georgia, contact us for a free consultation to explore your legal options and seek justice for your injuries.
- Can any personal injury lawyer handle my sepsis misdiagnosis case?
No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.
You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:
Is your practice dedicated exclusively to medical malpractice cases?
If not, what percentage of your firm’s cases involve medical malpractice?
How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?
Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?
Is your firm based in Georgia, with a long history of winning cases throughout the state?
When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.
- How much does Davis Adams charge to handle sepsis misdiagnosis cases?
Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.
- Who can file a lawsuit in Georgia for failure to diagnose sepsis?
A variety of people may be able to file a lawsuit in Georgia for failure to diagnose sepsis, including:
A person injured by medical malpractice (or their representative) can file a medical malpractice lawsuit in Georgia to recover special damages (medical bills, lost wages, etc.) and general damages (commonly referred to as “pain and suffering”);
The spouse of a person injured by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for loss of consortium (essentially, harm to the marital relationship);
The spouse, parents, or child of a person killed by medical malpractice can file a wrongful death medical malpractice lawsuit in Georgia to recover for the “full value of the life” of the decedent; and
The estate representative for a person killed by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for the pain and suffering the decedent experienced before death, medical bills and final expenses, and in some cases, the full value of the decedent’s life (on behalf of the decedent’s next of kin).
- How long will my sepsis misdiagnosis case take?
Every Georgia medical malpractice case involving sepsis is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.
- How much is my sepsis case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your sepsis case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.
- Does Davis Adams take sepsis cases of all sizes?
Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.
- Will my sepsis misdiagnosis case go to trial?
The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.
- Does Davis Adams handle sepsis misdiagnoses cases outside of Georgia?
Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.
- Why should I hire Davis Adams?
Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.
Why do we think we’re better?
First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.
Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.
Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.
You’re hurting.
An unfortunate trait of lawyers is that sometimes we talk when we should instead just listen. So that’s what we do first: we listen to your story, we hear what you’ve been through, and we learn as much as possible about your pain.
You’ve been through enough.
A healthcare provider you trusted for healing instead has caused harm. Even worse, when you ask questions about what went wrong, you’re unlikely to get honest answers because while your doctor should be talking to you, they are talking to their insurance company.
Let our Atlanta sepsis malpractice lawyers take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you or a loved one in Georgia has experienced a sepsis misdiagnosis, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.