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Filing a Sepsis Lawsuit in Florida

Filing a Sepsis Lawsuit in Florida

Get insights on filing a sepsis lawsuit including the statute of limitations, compensation, and critical filing requirements.

Sepsis is a life-threatening medical condition that occurs when the body overreacts to an infection, triggering widespread inflammation that can lead to tissue damage, organ failure, or death. Sepsis is a major public health concern, affecting 1.7 million Americans each year, and causing hundreds of thousands of deaths, many of which could have been avoidable if proper treatment protocols were followed.

When sepsis occurs in a Florida hospital or medical setting, patients trust that healthcare providers will act quickly to diagnose and treat the condition. Unfortunately, delays, negligence, or poor hospital protocols sometimes allow infections to worsen, leading to catastrophic outcomes. In these cases, families may have legal basis to file a sepsis lawsuit in Florida.

Sepsis victims and their families often pursue litigation not only to recover compensation to make them whole again but also to hold hospitals and physicians accountable for preventable harm. Florida law has strict requirements for filing medical malpractice lawsuits, including procedural deadlines, pre-suit requirements, and evidentiary burdens.

In this article, we’ll break down:

What Is Sepsis? Signs and Symptoms

Sepsis is the body’s extreme response to an infection. Instead of fighting the infection in a controlled way, the immune system overreacts, damaging tissues and organs. If left untreated, sepsis can progress to septic shock, which has a high mortality rate.

Common signs and symptoms

  • Fever, chills, or feeling very cold
  • Rapid heartbeat and breathing
  • Confusion or disorientation
  • Extreme pain or discomfort
  • Clammy or sweaty skin

Sepsis can often develop in hospital settings, where patients are more vulnerable to infections. Learn more about these related claims in our Hospital-Acquired Infection Lawsuit article.

Early detection of sepsis is critical. The NIH notes that prompt administration of antibiotics and fluids can dramatically improve survival rates. Once sepsis advances to severe stages, patients face longer hospital stays, higher costs, and reduced chances of recovery.

From a legal standpoint, timely detection is central to proving whether the prevailing professional standard of care was met. Doctors and nurses are expected to monitor patients for signs of infection and respond promptly. Delays in diagnosis may serve as evidence of medical malpractice, particularly when hospitals have sepsis protocols in place that were not followed.

Early documentation of symptoms also strengthens a patient’s legal claim. It provides proof that warning signs were present and either ignored or improperly managed.

Examples of Medical Malpractice That Lead to Sepsis

Sepsis lawsuits arise from failures in medical care that either led to the infection, or meant the health care providers failed to identify and treat the infection quickly enough. Some examples of medical malpractice include:

  • Delayed or missed diagnosis of infections. Failure to diagnose lawsuits often relate to sepsis infections that were either missed or misdiagnosed.
  • Failure to sterilize equipment or maintain hygiene. Poor infection control practices increase hospital-acquired infection risks.
  • Inadequate monitoring or follow-up care. Ignoring patient complaints or failing to order critical lab tests can delay essential treatment for infections.
  • Failure to administer timely antibiotics. NIH guidelines emphasize rapid use of antibiotics in the event of a sepsis infection.
  • Poor communication among staff. Misreporting lab results, failing to act on abnormal markers, or neglecting shift-change handoffs increase the risk of infections being overlooked.
  • Failure to follow sepsis protocols. Many hospitals use “sepsis alert” systems; skipping protocol steps can expose patients to harm.
  • Overcrowded or understaffed facilities. Staffing shortages in emergency rooms or ICUs can lead to missed warning signs.

When any of these lapses occur, the risk of infection increases greatly, as does the likelihood of the infection becoming severe.

Can You File a Lawsuit If You Get Sepsis?

Not all sepsis cases automatically qualify as medical malpractice. However, if you can prove that the infection was avoidable, then it may be possible to file a lawsuit to recover compensation for your injuries. Under Florida law, a medical malpractice lawsuit is possible only if a healthcare provider breached the prevailing professional standard of care and that breach caused or worsened the patient’s condition.

How Do You Prove Your Sepsis Was Caused by Medical Malpractice?

Evidence required includes:

  • Copies of medical records and a treatment timeline.
  • Lab test results and treatment protocols.
  • Witness statements from staff and/or family members.
  • Expert testimony stating that the health care providers failed to meet the professional standard of care.
  • Proof of damages such as additional medical expenses, long-term disability or loss of earnings.

One of the biggest challenges is proving causation. Skilled attorneys work with medical experts to establish that the hospital or other health care provider acted in a way that led to the sepsis infection, or failed to detect and treat the infection quickly enough to prevent the symptoms becoming severe.

What Florida Law Determines if You Can File a Sepsis Lawsuit?

Medical malpractice in Florida is governed by Chapter 766 of the Florida Statutes. Victims must prove that providers failed to meet the prevailing professional standard of care, causing injury or wrongful death.

  • Statute of Limitations: Under Florida Statute § 95.11(5)(c), you generally have 2 years from the date you discovered (or should have discovered) the injury to file.
  • Statute of Repose: No claim may be filed more than 4 years after the malpractice.
  • Exceptions: Fraud or concealment may extend the deadline up to 7 years.
  • Wrongful Death: If sepsis results in death, family members may file a wrongful death lawsuit under Florida Statutes § 768.19.

Florida also imposes strict pre-suit requirements (Florida Statutes § 766.106), including medical expert affidavits before filing.

Steps a Hospital Should Take to Prevent Sepsis

Hospitals have a responsibility to take steps to prevent sepsis. According to risk management recommendations from a national healthcare liability insurance provider, hospitals should:

  • Implement standardized sepsis recognition and treatment protocols.
  • Train staff on early warning signs and rapid response and ensure they receive regular refreshers on best practices.
  • Ensure timely lab testing and reporting of infection markers.
  • Enforce strict hygiene and sterilization practices.
  • Maintain proper patient monitoring, especially in high-risk areas like ICUs.
  • Conduct routine audits of infection control policies.

If you developed sepsis, evaluating hospital practices from an insurance carrier’s perspective can be powerful. Insurers spend significant resources teaching hospitals how to prevent sepsis. Demonstrating that a hospital ignored these industry-standard practices can help convince both insurance adjusters and juries that malpractice occurred.

What Compensation Can You Expect From a Sepsis Lawsuit?

Compensation depends on the extent of harm. Victims may recover:

  • Economic damages. Medical expenses, rehabilitation, lost wages, and future care costs are likely to be the main factors covered in medical malpractice claims.
  • Non-economic damages, including compensation for pain, suffering, and loss of enjoyment of life. Florida law limits non-economic damages in medical malpractice cases to no more than $500,000 per claimant (see Florida Statute 766.118). Factors such as the plaintiff’s age, the severity of their injuries, and loss of income potential all influence compensation amounts.
  • Damages defined under Florida Statute 766.202. This category of damages includes past or future economic and non-economic losses.

How to Start the Sepsis Lawsuit Process in Florida

Florida law has strict rules governing how medical malpractice cases must be filed. It’s important to follow the correct process. Omitting steps or failing to provide the required information could delay your case or result in your claim being denied. The key steps are as follows:

  • Preserve Your Medical Records: 
    • Request complete copies of your hospital and doctor records, including lab results, imaging studies, and nursing notes.
    • Keep a timeline detailing when symptoms began, when tests were ordered, and when treatment was provided.
    • Save copies of all discharge paperwork, prescriptions, and follow-up instructions.
    • If possible, ask family members who were present during your hospitalization to write down what they observed about your care.
  • Seek Legal Advice Quickly:
    • Florida has a two-year statute of limitations for most medical malpractice cases. Seek legal advice promptly to ensure you meet this deadline.
    • An experienced medical malpractice lawyer can consult medical experts at the outset to determine whether your claim meets the legal threshold for malpractice.
  • Pre-Suit Investigation and Notices:
    • Before filing a lawsuit, Florida law requires a pre-suit process. This includes notifying the healthcare provider of your intent to sue.
    • Your lawyer must conduct a detailed investigation and obtain a written affidavit from a qualified medical expert stating that malpractice likely occurred.
    • A “Notice of Intent” is then sent to the provider, who will then have the opportunity to respond or try to settle the claim before court proceedings.
  • Gather Expert Medical Testimony:
    • Expert witnesses are essential in malpractice cases. They explain how the hospital or physician failed to meet the “prevailing professional standard of care.”
    • Experts also testify about how delays, misdiagnoses, or protocol failures caused or worsened your sepsis.
    • Under Florida law, only certain licensed medical professionals who actively practice in a similar field are allowed to serve as expert witnesses.
  • Filing the Lawsuit:
    • If the case does not resolve during the pre-suit period, a formal complaint can be filed in court.
    • The complaint outlines the facts of the case, the acts of negligence, and the damages being sought.
    • The next stage is known as discovery, the period when both sides exchange evidence, take depositions, and question expert witnesses.
  • Settlement vs. Trial:
    • Many malpractice cases settle before trial. Settlements can provide faster compensation and reduce uncertainty.
    • If settlement is not possible, the case proceeds to trial, where a judge or jury decides liability and damages.
    • Appeals may follow if either side challenges the outcome.

Starting the process early and working with a medical malpractice attorney gives you the best chance of building a strong claim. For a deeper breakdown of what happens at each stage, see our How to File a Medical Malpractice Lawsuit guide.

Frequently Asked Questions

How long do I have to file a sepsis lawsuit in Florida?
In general, the statute of limitations for a sepsis lawsuit is 2 years from when you discovered the injury and no more than 4 years after the malpractice occurred. There are some limited exceptions to this rule, for example, if the injured person was a minor. Consult an experienced medical malpractice attorney to discuss your specific case.

Can family members file a wrongful death lawsuit if sepsis causes death?
Yes. Under Florida law, certain family members may seek damages for funeral costs, lost support, and emotional suffering in the event of a death due to sepsis caused by medical malpractice.

What if the hospital denies responsibility?
Hospitals often deny liability in the event of a sepsis infection. Strong medical evidence and expert testimony are critical to overcoming these defenses. A skilled medical malpractice lawyer can assist with collecting evidence to prove malpractice.

Do I need a lawyer to file a sepsis medical malpractice claim?
Due to Florida’s complex malpractice statutes, hiring an experienced attorney is essential. A medical malpractice lawyer can help ensure that all forms are completed correctly, deadlines are met, and you have the expert witness statements and affidavits required by the Florida courts.

Can sepsis from a surgical infection lead to a lawsuit?
Yes, surgical negligence is a common cause of sepsis infection. If you have experienced a sepsis infection following surgery, see our Surgical Malpractice Lawsuit article for guidance on how to start a claim.

Have a Question?

If you or a loved one suffered from sepsis due to hospital negligence or negligence by a licensed health care provider, contact experienced medical malpractice attorney Alan Sackrin. Call (954) 458-8655 or contact us online to discuss your case.
 
 
 

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