Sepsis Misdiagnosis Lawyer in Maryland

Sepsis is a life-threatening condition that occurs when the body’s response to an infection causes organ dysfunction. Sepsis can often be treated when recognized and treated properly and promptly, but it can lead to severe illness, disability, and death when treatment is delayed. It can develop from more common infections such as UTIs, pneumonia, skin infections, or gastrointestinal infections.

Sepsis does not necessarily mean that an infection has entered the bloodstream. Instead, the body’s response to the infection can trigger a chain reaction that interferes with circulation and organ function. Patients can develop a rapid heartbeat, low blood pressure, kidney injury, breathing problems, confusion, and other signs of organ dysfunction. Antibiotics and other treatments can help reverse this chain of effects, but treatment must begin quickly.

It does not take a special doctor to suspect and test for sepsis. The timely recognition of sepsis and its appropriate treatment is taught to all medical students and resident physicians, irrespective of their ultimate specialty training.

The universal education about sepsis is because it is a fairly common disorder, particularly in emergency and primary care settings. Practicing physicians need to have the ability to recognize the warning signs of sepsis and respond appropriately when those signs are present.

Our lawyers see both failure to recognize and failure to treat cases. Many doctors commit medical malpractice because they do not see the signs of sepsis that are there to be seen. The second cause of sepsis malpractice claims is that while the doctor recognizes the possibility of sepsis, the doctor fails to address the concern with a diligent and aggressive evaluation to identify the source of the infection and begin appropriate treatment.

If you or a loved one has been harmed or killed because of a failure to treat sepsis, get in touch with us today. Call 800-553-8082 or get a free online consultation. Learn whether you can sue for the harm that has been done.

Symptoms of Sepsis

Symptoms and warning signs of sepsis can include fever or chills, tachycardia (rapid heartbeat), tachypnea (rapid breathing), confusion or altered mental status, shortness of breath, weakness, extreme pain or discomfort, clammy skin, and abnormal blood pressure. Patients may also have an elevated or abnormally low white blood cell count or other laboratory evidence of infection or organ dysfunction.

No single symptom or combination of two symptoms proves that a patient has sepsis. To diagnose sepsis in its early stages, doctors look at the entire clinical picture, including how sick the patient appears, vital signs, evidence of infection, laboratory results, and signs that organs may not be functioning normally.

Sepsis can progress rapidly. When the patient’s circulatory system is seriously affected and dangerously low blood pressure develops, the patient may progress to septic shock.

Treatment

Once sepsis is suspected or diagnosed, it is imperative to receive fast treatment. A crucial prognostic issue for patients with serious infection and sepsis is the time from the onset and recognition of signs and symptoms of infection to appropriate treatment. Left untreated, skin and underlying soft tissue infections can progress locally and disseminate systemically, and infections that begin elsewhere in the body can trigger widespread organ dysfunction. Accordingly, signs of sepsis merit emergency evaluation, requiring recognition and awareness of the signs. Many medical malpractice cases stem from a failure to recognize the signs of infection and initiate appropriate treatment.

Patients with sepsis and septic shock require aggressive management. This typically includes antibiotic therapy when bacterial infection is suspected, IV fluids, hemodynamic support, vasopressors when necessary, and sometimes surgical or procedural removal of the source of infection.

Blood cultures and other diagnostic testing may be necessary to identify the infection. But testing should not create an unreasonable delay in treatment when the patient’s condition calls for immediate therapy.

Timing is important, but the rule is not that every patient with a possible infection must receive antibiotics within one hour. For patients with septic shock or probable or definite sepsis, current treatment guidelines call for antimicrobial therapy immediately, ideally within one hour of recognition. When sepsis is merely possible, and the patient is not in shock, doctors may have a short period to rapidly investigate other causes before antibiotics are required.

The consequences of failure to treat sepsis promptly are severe. Patients can undergo septic shock, suffer kidney, brain, lung, or other organ damage, require amputations, and die.

When Does Failure to Diagnose Sepsis Become Medical Malpractice?

A bad outcome from sepsis does not automatically mean that a doctor or hospital committed malpractice. The question is what information was available to the healthcare providers and what a reasonably competent provider should have done with that information.

These cases often come down to timing. When did the patient first show warning signs of a serious infection? When did the vital signs become abnormal? When should blood cultures, laboratory studies, imaging, or other testing have been ordered? When should antibiotics or IV fluids have been given? When should the patient have been admitted or transferred to a higher level of care?

The case becomes much stronger when the medical records show that the warning signs were there for hours and nothing meaningful was done.

There is also a second issue: causation. Even when treatment was negligently delayed, the plaintiff still has to show that earlier treatment would probably have changed the outcome. Defense lawyers frequently argue that the infection was already too advanced and that the patient would have suffered the same injury even with earlier treatment. Our lawyers see this defense over and over again in delayed diagnosis cases.

Emergency Room Sepsis Malpractice

The emergency room is one of the most important places for the early recognition of sepsis. Patients often arrive with symptoms that can initially look like the flu, a urinary tract infection, pneumonia, dehydration, or another relatively common illness.

The problem is when the patient’s overall condition tells a different story. High or low temperature, rapid heart rate, rapid breathing, low blood pressure, confusion, low oxygen levels, abnormal laboratory results, or evidence of organ dysfunction can indicate that the patient is much sicker than the initial diagnosis suggests.

A particularly troubling sepsis malpractice case involves a patient who is discharged from the emergency room and later returns in septic shock. The question in these cases is whether the information available during the first visit should have caused the doctor to order additional testing, begin treatment, admit the patient, or provide closer follow-up.

A repeat trip to the emergency room or doctor’s office should set off some alarms.  A study of medico-legal cases involving delayed sepsis diagnosis found that nearly half of the patients had made multiple outpatient visits before sepsis was finally recognized or they were hospitalized. Among those patients, 75% had more than one visit within the 72 hours before diagnosis.

Of course, the lesson is not that every repeat visit means sepsis. But it does raise red flags when a patient keeps coming back with the same or worsening symptoms. When this happens, doctors need to reconsider the original diagnosis instead of lazily repeating it.

Failure to Follow Up on Blood Cultures

Another recurring sepsis malpractice claim involves a patient who is discharged before the results of blood cultures are available.

There is nothing inherently negligent about sending a patient home while a culture is still pending if the clinical circumstances permit it. But somebody has to take responsibility for reviewing the result when it comes back.

If a culture later shows a dangerous bacterial infection, the hospital or medical provider may need to promptly contact the patient and arrange additional evaluation and treatment. A positive blood culture sitting unnoticed in an electronic medical record can become devastating evidence when the patient later returns with sepsis or septic shock.

Neonatal Sepsis Malpractice

Like all forms of sepsis, neonatal sepsis is a serious infection in a newborn that can rapidly become life-threatening. Early-onset neonatal sepsis generally develops during the first days of life and is often associated with bacteria acquired before or during delivery. Group B Streptococcus (GBS) and E. coli are among the leading causes of early-onset neonatal sepsis.

Newborns can deteriorate very quickly, and the first signs of sepsis are not always dramatic. Symptoms can include difficulty breathing, poor feeding, lethargy, temperature instability, irritability, abnormal heart rate, or a baby who simply does not look or act right.

Certain circumstances should put doctors and nurses on higher alert. Risk factors for early-onset neonatal sepsis include maternal fever or intra-amniotic infection, prolonged rupture of membranes, premature delivery, maternal GBS colonization, and inadequate antibiotic treatment for GBS during labor.

Medical malpractice claims can arise when these risk factors or early symptoms are present but the newborn is not adequately evaluated, monitored, or treated. These cases may involve failure to order a blood culture or other appropriate testing, failure to recognize respiratory distress or other signs of infection, failure to give antibiotics when indicated, or failure to escalate care when the baby’s condition is getting worse.

The consequences of a delayed diagnosis can be devastating. Neonatal sepsis can progress to septic shock, meningitis, brain injury, seizures, organ damage, and death. In a malpractice case, the central question is often whether the warning signs should have led to earlier testing and treatment and whether that earlier treatment would probably have prevented the baby’s injuries.

What Evidence Is Important in a Sepsis Malpractice Case?

Sepsis malpractice cases are often built around a detailed timeline. Important evidence may include:

• Vital signs: Temperature, heart rate, respiratory rate, blood pressure, and oxygen saturation can show when the patient’s condition began to deteriorate.
• Laboratory results: White blood cell counts, lactate levels, kidney function, blood cultures, and other test results can provide evidence of infection and organ dysfunction.
• Nursing notes: Nurses may document confusion, decreasing urine output, changes in blood pressure, increasing oxygen requirements, or other signs of deterioration before a physician responds.
• Medication records: These records establish exactly when antibiotics, IV fluids, vasopressors, and other treatments were actually given.
• Emergency room records: These can show whether warning signs were present before a patient was discharged.
• Electronic communications: The records may show when critical laboratory results were reported, who received them, and what was done in response.

A medical chart can contain hundreds or thousands of pages. Every sepsis malpractice lawyer will tell you that sometimes the most important question is remarkably simple: What did the doctors and nurses know, when did they know it, and what did they do about it?

Sample Sepsis Settlements and Verdicts

Below are examples of jury verdicts and settlements in Maryland and other states dealing with sepsis cases. These can be used as a first look at what is involved in failure to diagnose or properly treat sepsis claims and to see what a case could be worth. Remember that many different variables are involved in each case, so it can be challenging to predict the settlement value of a claim based on these past settlements and verdicts. But these do provide some insight generally into the value of these cases.

• 2026, Maryland: $1.835 Million Judgment. A Baltimore County jury found an orthopedic surgeon negligent in the treatment of an infection involving a prosthetic hip. The patient eventually developed septic shock and suffered strokes. The jury awarded approximately $1.975 million, including past and future medical expenses, lost earnings, and $1 million in noneconomic damages. Maryland’s cap on noneconomic damages reduced the judgment to approximately $1.835 million.
• 2025, Maryland: $35 Million Verdict. A Prince George’s County jury awarded approximately $35 million to a woman who developed a serious postoperative infection after cosmetic surgery. The plaintiff alleged that signs of the infection were not properly recognized during follow-up visits. Ten days after surgery, she was found in septic shock and was diagnosed with necrotizing fasciitis. She underwent major debridement surgeries, spent more than three months in the hospital, and was left with significant permanent injuries. The jury awarded more than $35 million, although Maryland’s cap on noneconomic damages substantially reduced the recoverable judgment.
• 2023, Virginia: $2,235,000 Verdict. A 58-year-old woman developed an infection that progressed to sepsis and necrotizing fasciitis. The plaintiff alleged that medical providers delayed diagnosing and treating the infection. Her condition ultimately required amputation of her right leg, and she later died from sepsis. A Norfolk jury awarded $2.235 million.
• 2016, Pennsylvania: $475,000 Settlement. A male resident of a nursing home is receiving daily care for over a year. His health begins deteriorating, and he begins showing bruising and cuts due to falls, decreased urine output, weight loss, and no interest in eating. He then develops a fever and is diagnosed with a UTI and placed on Cipro. Although he has pressure ulcers developing and his mental condition worsens, he is not taken from the nursing home to the hospital for two more days. After admission, he is diagnosed with sepsis and treated with IV antibiotics. But he dies shortly after. The family hired a sepsis malpractice attorney who sues the nursing home for failing to hire and adequately train its staff and failed to complete daily required records, which could have prevented patients from receiving severe and permanent injuries. Further, he argues that the nursing home failed to provide adequate and proper healthcare. The matter settled before trial for $475,000.
• 2015, California: $175,000 Settlement. An adult female suffers from a UTI and arrives at the emergency room. The doctor orders tests consistent with standard UTI procedures, showing a severe infection. The patient is never told of these results or instructed to return for treatment. She dies from sepsis eight days later. Her family alleges that the hospital failed to properly assess and treat her condition. The case settled before trial for $175,000.
• 2015, Pennsylvania: $500,000 Verdict. A 42-year-old male has received surgery and was transferred to a rehabilitation center, with a medical history including chronic obstructive pulmonary disease, asthma, and diabetes, and was to receive antibiotics to prevent an infection. He was not given these antibiotics and developed a fever and fluctuating oxygen levels. These signs lead the physician to call his doctor, who orders that he take Tylenol instead of examining him. After a few days without change, the doctor orders a panel to be done, showing the patient to be in respiratory distress. He is sent to the ER but dies the following day from sepsis. Plaintiffs argue that the hospital staff and doctor were negligent in assessing the patient for signs of infection or sepsis and allowing him to feel suffocated for 11 hours. The jury agrees, awarding $500,000.
• 2014, Massachusetts: $4,650,000 Settlement. A minor plaintiff arrives at the hospital complaining of lethargy, incontinence, and right leg pain and is unresponsive. After an evaluation by the doctor, she is diagnosed with tachycardia, tachypnea, and altered mental status and is admitted for observation. The symptoms worsen, and she is moved to the ICU without immediate administration of antibiotics or intubation. She is suffering from sepsis due to an MRSA infection and is left with a permanent brain injury due to the failure to timely diagnose and treat the sepsis. The doctors argue that there was no reason to think she was suffering from sepsis when she arrived. But they settled for $4,650,000, so obviously that defense was not too vigorous.
• 2013, Maryland, Prince George’s County: $9,500,000 Verdict. A two-week-old infant has cerebral palsy, intellectual disability with speech and learning deficits, and a seizure disorder due to a delay in a diagnosis of sepsis and meningitis after a visit to the emergency room at Laurel Regional Hospital in Prince George’s County. While at the ER, the nurse failed to report the abnormal blood culture results to the physician; the results were not reviewed, and no report was sent to the patient’s regular pediatrician. The plaintiff claims the nurse violated the standard of care by failing to properly document her response to the abnormal lab results, act on receiving the results, and provide the patient’s pediatrician with the information. The plaintiff also claims the hospital is liable because it is responsible for the nurse. A jury finds the nurse negligent and the hospital, through its employee, in breach of the standard of care, resulting in injury to the plaintiff. The plaintiff was awarded $9,500,000.
• 2013, New Mexico: $2,250,000 Verdict. A 20-year-old woman is hospitalized for a few weeks due to pancreatitis. Her status improves. However, two days before discharge, she begins showing signs of deterioration. She is discharged from the hospital without antibiotics or supplemental oxygen, and without the results of her blood tests, which show an infection. Eighteen hours later, she is found non-responsive and is rushed to the hospital, where she dies the next day. The autopsy reveals that she died due to sepsis. The plaintiff argues that two days before being released, she had signs of infection, including fever, high pulse, and extremely low oxygen saturation rates, along with trouble staying awake. The jury finds for the plaintiff, awarding $2,250,000.
• 2013, Virginia: $1,925,000 Verdict. A female suffers from an untreated spinal epidural abscess, leading to septic shock, resulting in her placement on a ventilator for the remainder of her life. She argues that the doctors failed to diagnose her epidural abscess and further failed to consult specialists for the treatment of sepsis. The jury awards her $1,925,000.
• 2008, Virginia: $2,000,000 Verdict. A minor male tells his doctor that he suffers from a mild brain injury, partial hearing loss, and an infection. The doctor delays in diagnosing the condition as spinal meningitis, resulting in sepsis. The plaintiff alleges the doctor breached the proper standard of care by failing to perform the proper diagnostic tests to rule out sepsis and by failing to order antibiotics or a spinal tap. The plaintiff suffers sepsis, brain damage, cognitive deficits, and permanent hearing loss due to the doctor’s failure to provide a proper standard of care. The jury awards him $2,000,000.
• 2007, Illinois: $5,500,000 Verdict. A 31-year-old female dies after arriving at Northwest Community Hospital complaining of body aches, fever, fatigue, sore throat, congestion, and lethargy. The hospital’s staff failed to diagnose and treat her sepsis by failing to perform the proper diagnostic tests, failing to admit her to the hospital, and failing to prevent the progression of sepsis. The hospital and its doctor argue that the patient’s parents should have sought medical attention for her earlier. The jury disagrees and awards her $5,500,000.
• 2006, Nevada: $135,000 Verdict. A male arrives at his primary care doctor complaining of respiratory problems along with muscle and backaches. About five hours later, he dies. The plaintiff argues that the doctor’s failure to perform tests, failure to diagnose sepsis, and failure to provide the proper standard of care led to his death. The jury awards $135,000.
• 2006, Pennsylvania: $1,215,000 Verdict. A 26-year-old female arrives at the emergency room, where the doctor performs several tests before diagnosing her with intoxication from an unknown poison. However, it is later discovered that she actually was suffering from sepsis, and her family claims that the doctor and hospital failed to diagnose and treat her properly. Plaintiff argues that the hospital’s failure to provide the proper standard of care led to her septic shock and death. The jury found the hospital and doctor to each be 50% negligent, awarding her $1,215,000.
• 1996, Maryland, Baltimore City: $6,200,000 Verdict. A 22-month-old boy arrives at Laurel Regional Hospital with scald burns. His condition is deteriorating, and after two days, he is transferred to Holy Cross Hospital, where he later dies. The plaintiff argues that the hospitals failed to properly diagnose the symptoms of sepsis and failed to treat him with the proper standard of care, while the hospitals argue that sepsis was not a factor in his death. The jury agrees with the plaintiff, awarding $6,200,000.

How Much Is a Sepsis Malpractice Case Worth?

There is no useful average settlement amount for a sepsis malpractice case. The value depends on how serious the injury is, whether the patient survived, what permanent injuries remain, the amount of past and future medical expenses, lost income, and the strength of the evidence showing that earlier treatment would have changed the outcome.

The largest sepsis cases can involve death, permanent brain injury, kidney failure, amputations, strokes, or other catastrophic injuries. In those cases, future medical care and lost earning capacity can become a major part of the claim.

The verdicts above also show why you cannot value a case simply by finding another sepsis lawsuit that sounds similar. Two patients can suffer similar infections and still have dramatically different case values because of differences in age, injuries, economic losses, jurisdiction, liability evidence, and causation.

You can learn more about the settlement and trial value of medical malpractice claims and the factors our lawyers use to evaluate these cases.

Getting a Lawyer for Your Malpractice Claim

If you have been harmed or have lost someone you love due to a medical error by a doctor or hospital, we can help you. Miller & Zois has a history of success in getting large verdicts and settlements in medical malpractice cases for our clients. Call us today at 800-553-8082 or get a free, no-obligation online case review. There is no cost or fee of any kind for this consultation. We will discuss the best path forward for you to receive compensation for the suffering you have endured.

More Malpractice Claim Information

• What is the settlement and trial value of medical malpractice claims in the Baltimore-Washington area?
• How much money can you expect to recover in a successful emergency room medical malpractice claim in Maryland?
• Many sepsis cases involve hospital-acquired infections.