What Is Sepsis and Why Is Early Diagnosis So Important?
Sepsis is an extreme, life-threatening response to an infection. It occurs when the body’s immune system becomes dysregulated and turns on itself. This can progress to organ damage or even septic shock, which involves dangerously low blood pressure.
People experiencing sepsis often show warning signs before their health rapidly deteriorates. These symptoms may include:
- Extreme pain or discomfort
- Clammy or sweaty skin
- Fever
- Shivering or feeling very cold
- High heart rate
- Weak pulse
- Shortness of breath or fast, shallow breathing
- Confusion or disorientation
- Lightheadedness
- Increased symptoms of the underlying infection, such as painful urination or a worsening cough
After surgery, some of these symptoms may initially resemble expected recovery-related discomfort. However, medical professionals must still evaluate warning signs and determine whether an infection is developing. When providers dismiss these symptoms, a manageable postoperative infection can progress to severe sepsis that leads to permanent injuries or even death.
Surgical Errors That Can Lead to Sepsis
Preventable and common surgical errors can cause or worsen infections that ultimately trigger sepsis. Examples include:
- Improper sterilization technique: Failing to properly clean the surgical site or sterilize instruments can introduce harmful microorganisms into the patient’s body during surgery.
- Retained surgical items: When a surgeon leaves sponges, gauze, needles, clamps, or hardware in the patient’s body, the site can become a breeding ground for bacteria.
- Delayed recognition of postoperative infection: Overlooking symptoms can lead to a medical misdiagnosis and allow an otherwise treatable infection to worsen.
- Failure to respond to complications: After providers suspect or diagnose an infection, delays in necessary treatment could allow sepsis to develop.
Understanding Post-Surgical Sepsis and Breach of the Standard of Care
Some cases of sepsis after surgery involve medical malpractice. Under Connecticut law, malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm to a patient.
The standard of care is the level of treatment that a reasonably competent provider in the same field would advise under similar circumstances. In addition to errors made during surgery, breaches of the standard of care in a postoperative sepsis case may involve:
- Failing to monitor the patient for signs of infection
- Dismissing the patient’s symptoms or abnormal vital signs
- Failing to order appropriate diagnostic tests
Misinterpreting or failing to act on abnormal test results - Discharging the patient without addressing complications
Critical Legal Requirements Under Connecticut Malpractice Law
Two areas of Connecticut law can affect your ability to recover compensation for medical malpractice involving sepsis after surgery: the certificate of merit requirements and the statute of limitations.
Before you file your surgical error lawsuit in Connecticut, your attorney must investigate the care you received and obtain a written opinion from a similar third-party healthcare provider. The provider must explain why the evidence appears to show medical negligence, and your attorney must file a copy of this opinion with the lawsuit.
You have two years from the date you discovered, or reasonably should have discovered, your injury to file a medical malpractice lawsuit in Connecticut, but you cannot file more than three years after the date of the medical error. If a loved one passed away because of medical malpractice, the executor of their estate has two years from the date of death—but no more than five years after the medical error—to file a wrongful death lawsuit.
Medical Malpractice Cases Involving Connecticut's Major Medical Centers
Post-surgical sepsis can occur at any medical facility, including Connecticut’s major hospitals:
- Yale New Haven Hospital
- Hartford Hospital
- Saint Francis Hospital and Medical Center
- Backus Hospital
- Bridgeport Hospital
- Middlesex Hospital
- Stamford Hospital
These hospitals perform thousands of successful surgeries every year, but it takes only one preventable error for sepsis to develop. When that happens, it’s essential to have a proven team of Connecticut medical malpractice lawyers on your side.
With extensive experience representing people harmed by errors at many of these facilities, we know how to investigate the care you received and determine whether negligence contributed to your injuries. Our approach may involve investigating hospital policies, analyzing medical records, and consulting nationally respected medical experts to establish what went wrong.
What Should You Look for in a Connecticut Medical Malpractice Lawyer?
If you or a loved one developed sepsis after surgery, choosing the right attorney can make a significant difference in your ability to pursue the compensation you deserve. Here are some qualities to look for:
- Experience handling medical malpractice cases, especially those involving hospital errors or delayed diagnoses
- A record of substantial verdicts and settlements for people affected by medical negligence
- Familiarity with Connecticut’s medical malpractice laws
- Access to qualified medical experts who can independently assess whether preventable care failures contributed to your condition
- Trial experience and a willingness to take your case to court when necessary
- A compassionate, personalized approach to helping people who are dealing with the difficult aftermath of medical complications
Why Do Families Choose Kennedy Johnson?
Families often turn to our firm during some of the most challenging times of their lives. When sepsis may have resulted from a preventable medical error, our hospital negligence lawyers in Connecticut provide the experience, resources, and personal attention needed to pursue accountability.
Decades of Medical Malpractice Experience
Our attorneys have represented Connecticut patients and families harmed by medical negligence since 1988. Over the last 35+ years, we’ve handled some of the state’s most challenging malpractice cases and gained deep insight into the evidence and legal arguments that make a strong claim.
Deep Roots in New Haven and Across Connecticut
With offices located throughout Connecticut, we’re proud to stand up for our neighbors when medical negligence causes preventable harm. Our New Haven office is located just minutes from Yale New Haven Hospital, making it convenient to meet with our Connecticut surgical error lawyers even if you or your loved one is still receiving treatment.
We’re also familiar with the administrative structures, clinical protocols, and defense strategies commonly used by other major Connecticut healthcare facilities, including Yale New Haven Health, Hartford Hospital, Saint Francis Hospital, and Stamford Hospital.
A Documented Record of Multi-Million-Dollar Verdicts & Settlements
Our firm has built a reputation as aggressive and knowledgeable advocates in medical malpractice cases. Hospitals and insurance companies know we’re serious about pursuing the results our clients deserve, which gives us leverage in negotiations. We prepare every case to be ready for trial, and we’re not afraid to advocate for you before a jury when necessary. This approach has allowed us to achieve many significant settlements and verdicts for people harmed by medical errors:
- $12,500,000 wrongful death settlement in a medical malpractice action against Stamford Hospital.
- $7,500,000 settlement for a psychiatric patient who suffered a traumatic brain injury at UConn Health.
- $6,000,000 wrongful death recovery for failure to monitor postoperative vital signs.
- $5,500,000 recovery for the wrongful death of a 69-year-old man resulting from untreated mesenteric ischemia.
- $5,000,000 recovery for traumatic brain injury caused by a neurosurgeon’s surgical error.
- $3,400,000 for the failure to identify and treat an internal bleed resulting in death.
Access to Leading Medical Experts
Proving how a surgical error led to sepsis often requires testimony from third-party medical experts. Our team draws from our connections with surgeons, infectious disease specialists, critical care physicians, nurses, life care planning experts, and other professionals to build strong, evidence-based cases. These experts can help us identify the standard of care and explain how your provider failed to meet it.
Personalized Client Representation
Our medical negligence lawyers in Connecticut provide responsive, compassionate representation that puts your needs at the center of everything we do. When you turn to us for help, we’ll take the time to understand how the medical error has impacted your life, build a case that reflects the full extent of your losses, and remain accessible throughout the legal process.
Speak With an Experienced Connecticut Surgical Error and Sepsis Lawyer
Determining whether medical negligence contributed to post-surgical sepsis requires a thoughtful investigation. Our legal team at KJSR is prepared to identify where your care may have fallen short and pursue accountability on your behalf. We serve clients throughout Connecticut, including New Haven, Norwalk, Stamford, and West Hartford.
Our attorneys handle medical malpractice cases on a contingency fee basis, so you pay nothing unless we recover compensation for you. Contact us online or call 203-865-8430 today for a free consultation about your rights and options.
Frequently Asked Questions About Surgical Errors and Sepsis Medical Malpractice in Connecticut
If you suspect medical negligence caused you or a loved one to develop sepsis after surgery, you likely have many questions. Here are our answers to a few common ones.
Can I File a Medical Malpractice Lawsuit if Sepsis Was Not Diagnosed After Surgery?
You may have grounds for a medical malpractice lawsuit if your provider failed to recognize signs that would have prompted a reasonably competent provider to consider a sepsis diagnosis. The delay must have also caused you preventable harm.
What Is the Standard of Care for Diagnosing and Treating Sepsis?
The standard of care is the level of care or skill that a reasonably competent provider would deliver under similar circumstances. The exact standard in a sepsis case depends on your specific situation, but it likely involves monitoring the patient, recognizing warning signs, ordering appropriate tests, or beginning treatment promptly.
How Do You Prove That a Surgical Error Caused Sepsis?
Proving that a surgical error caused sepsis requires medical evidence showing that the error caused or worsened an infection that ultimately triggered sepsis. Relevant evidence may include surgical reports, vital signs, blood tests, imaging, treatment notes, and expert testimony.
How Long Do I Have to File a Medical Malpractice Lawsuit in Connecticut?
You typically have two years from when you discovered or reasonably should have discovered your injury to file a medical malpractice lawsuit in Connecticut. In most cases, you cannot file later than three years after the medical error occurred.
What Should I Do if I Believe a Loved One Developed Sepsis Because of Medical Negligence?
If you believe medical negligence caused your loved one’s sepsis, contact our Connecticut sepsis malpractice lawyers as soon as possible. We can investigate the circumstances and guide you through your next steps.