Can I Sue the Hospital for My Child Getting Sepsis?

Every year, more than 75,000 children in America develop sepsis, and more than 7,000 die as a result. While sepsis isn’t always preventable, proper medical care can reduce the risks. When hospitals are negligent in the care that they provide, children are put at greater risk of catastrophic complications or death.
What Is Sepsis?
Sepsis is a condition that occurs when the body’s response to an infection spirals out of control. If left untreated, sepsis can result in tissue damage, organ failure, and death.
Sepsis can develop in people of any age, but in children, it’s most common when they’re:
- under 3 months of age, when the immune system is still immature
- unvaccinated against pneumococcus and H. influenzae (the most common bacteria that cause sepsis)
- have a chronic medical condition
- taking immunosuppressive medication
What Does Sepsis Look Like?
Sepsis can have different symptoms in different people, and the symptoms change as the condition progresses. Children with sepsis may experience:
- confusion
- slowed or difficult breathing
- lethargy
- fever over 102°F
- irritability
- rapid heart rate
- rash that does not fade when you press it
- skin color changes
- vomiting
- abnormally cold extremities
- fits or convulsions
- severe pain in muscles or joints
Infants with sepsis may present with the same symptoms but can also have:
- bulging soft spot
- slowed heart rate
- reduced urination
- disinterest in or trouble feeding
- fever over 100.4°F
- body temperature below 96.8°F
- inconsolable crying
- rapid breathing
Many of these symptoms occur with other common illnesses, but children experiencing multiple symptoms should seek immediate medical care to be screened for sepsis. Because babies can present with atypical symptoms (low body temperature, rapid breathing, slowed heart rate), it’s essential that sepsis be considered whenever an infection is suspected or there’s no other obvious cause.
How Can A Child Get Sepsis?
Unfortunately, sepsis is a possibility with any infection. Simple cuts and scrapes, urinary tract infections, inner ear infections, pneumonia, and post-operative infections all have the potential to become septic if they’re not properly treated.
Premature babies, especially those in the NICU, are at the highest risk due to a combination of an underdeveloped immune system and the risk of exposure to bacteria from IV lines, catheters, and breathing tubes.
Sometimes, infections can also be passed to newborns before or during birth. A newborn has a higher risk of infection if there was:
- maternal infection or fever during labor
- infection of the uterus or placenta
- rupture of the amniotic sac before 37 weeks or more than 18 hours before delivery
Can A Hospital’s Negligence Contribute to Sepsis?
While hospitals can’t prevent infection or sepsis that occurs outside of the hospital, there are many things that healthcare facilities and practitioners can do to reduce the risk.
One simple way to protect newborns from infection is by testing pregnant women for group B strep. While this bacteria is usually harmless to the mother, up to 30 percent of pregnant women carry group B strep, which can be passed to a baby during delivery and has the potential to cause serious harm. If a pregnant woman tests positive, they are typically treated with IV antibiotics during labor to prevent transmission to their baby. If a hospital or medical practitioner fails to screen or treat their patients for group B strep and an infant is infected during birth, they could be held responsible for any harm that occurs as a result of that infection.
When sepsis in a child is suspected, they’re usually transferred to a hospital’s intensive care unit so that they can get the close monitoring and care that they require. Often, doctors will start a child on powerful antibiotics right away, particularly if their symptoms are severe, and will switch to a more targeted antibiotic once testing results come back. Children with sepsis must be started on IV fluids right away, as well as blood pressure medication and equipment to help the child breathe if needed. When it comes to sepsis, particularly in children, early treatment is critical to prevent further deterioration and organ damage. When proper treatment is not provided quickly enough, it may be a case of medical malpractice and the hospital may be held responsible for harm resulting from unnecessarily delayed care.
When infections occur in hospitals, catheters and IV lines are sometimes to blame. While these devices are needed to provide care, the risk of infection increases if they’re not kept clean and changed regularly. Poor monitoring while hospitalized for an infection, which becomes more common in understaffed hospitals, can also increase the risk of sepsis developing and causing serious complications.
Why Choose Ross Feller Casey?
At Ross Feller Casey, we believe that the providers and healthcare facilities responsible for catastrophic injuries and deaths should be held accountable for their negligent practices and harmful policies.
If you believe that your child developed sepsis or that their sepsis was made worse due to a healthcare facility or practitioner’s negligence, you may be entitled to compensation. Our team of expert pediatric malpractice lawyers and Ivy League-trained doctors will work together to uncover the negligence that resulted in your child’s severe injury and make them pay for the pain and suffering that they’ve caused to your child and your family.
Consultations are always free, and there’s no cost unless you win your case. Contact us today.
Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.
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