When a nursing home infection turns into sepsis and leads to a parent’s death, families are often left with shock, grief, and serious legal questions. In many cases, a preventable infection that progresses to fatal sepsis may be grounds for a wrongful death lawsuit. A Phoenix nursing home abuse lawyer or Phoenix elder abuse attorney can evaluate whether neglect, delayed treatment, or medical failures contributed to the death and whether compensation is available.
Under A.R.S. § 12-612, Arizona wrongful death law states:
“An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person…”
This means qualifying family members can pursue legal action when a nursing home’s negligence leads to a fatal infection.
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Can A Nursing Home Be Liable If My Parent Died From Sepsis?
What Is A Nursing Home’s Duty of Care?
Arizona nursing homes have a legal responsibility to provide a safe living environment with medical attention, assistance with daily care, social stimulation, and respect for human dignity. A crucial aspect of elder care in nursing homes is promptly recognizing and treating infections to prevent sepsis. Elderly individuals have a less robust immune system, leaving them susceptible to infections and deadly sepsis.
When a nursing home breaches its duty of care, and the result is an elderly parent’s death, their child has the right to file a wrongful death claim for nursing home neglect. Neglect is a recognized form of nursing home abuse experienced by as many as five million elders each year.
What Is Sepsis?
When the body recognizes an infection, it triggers a cytokine reaction to attack the infection through inflammation. In most cases, this inflammatory response helps mitigate the infection, but sometimes the body overreacts and generates a cytokine storm with massive cellular-level inflammation, or sepsis. Sepsis is sometimes treatable with powerful antibiotics when promptly diagnosed. Unfortunately, sepsis becomes deadly when cellular death causes organ failure, impacting critical organs such as the kidneys, heart, and brain.
Common Causes of Sepsis In Nursing Home Residents
Seniors living in residential facilities often have multiple comorbidities, leaving them vulnerable to bacterial, viral, and fungal infections. In addition, caregivers may transfer infections between patients. The most common causes of nursing home sepsis deaths include the following:
- Untreated bedsores
- Respiratory infections
- Urinary tract infections
- Cellulitis
- C-diff and other gastrointestinal infections
Nursing home caregivers have the responsibility to prevent the spread of infections between residents, promptly identify nursing home infections, and ensure that elders receive medical care to mitigate the infection before it causes sepsis. When a nursing home breaches its duty of care, it is liable for wrongful death damages.
What Is the Process of Suing a Nursing Home for Wrongful Death From Sepsis?
After a nursing home wrongful death, it’s crucial to obtain a copy of the facility’s caregiver records, hospital records, and the death certificate. Then, hire a nursing home abuse lawyer to represent you in your claim to achieve a sense of justice for the loss of your parent. Your attorney will investigate all aspects of the infection, sepsis, and wrongful death to document evidence proving liability. Then, your attorney calculates the economic damages associated with the loss, compensation for your mother or father’s pain and suffering, and your family’s emotional anguish.
Most nursing home wrongful death claims are resolved with a settlement from the nursing home, but about 4% of cases require litigation in court. An experienced nursing home abuse and wrongful death lawyer maximizes the chances of a low-conflict resolution and a favorable outcome for your nursing home sepsis death claim.