judge's gavel on a pile of moneyIn this situation, damages will depend on the cause of the sepsis, the unique injuries suffered, and how a recovery is pursued.

How the Nursing Home Resident Developed Sepsis

Before you can recover damages from a nursing home for a sepsis injury, you must first prove that the nursing home caused the sepsis. In other words, you need to prove that the nursing home’s negligence resulted in sepsis by providing evidence that:

  • The nursing home owed the resident a duty of care
  • The nursing home breached the duty of care by failing to act reasonably given the circumstances
  • The nursing home’s breach of the duty of care caused sepsis or allowed sepsis to progress without treatment, which would not have happened but for the nursing home’s negligence
  • The nursing home resident, or her estate, has a legal right to damages

If all of these elements of nursing home negligence can be established, you will need to prove the value of your financial recovery.

Determining the Cost of Your Sepsis Injuries

When a nursing home resident suffers sepsis or septic shock, the damages can be significant. Damages may include past and future:

  • Healthcare costs. All medical expenses including but not limited to hospital stays, medications, surgeries, doctors’ appointments, nursing assistance, and other healthcare needs.
  • Out-of-pocket expenses. Any expenses caused by the nursing home’s negligence, including funeral costs, should be part of the legal compensation.
  • Pain and suffering. Sepsis can cause significant physical pain and emotional suffering. Fair financial compensation for this pain and suffering should be part of a nursing home negligence recovery award.

Additional damages may also be possible in some cases.

Legal Help Pursuing a Recovery

Proving nursing home negligence and the value of damages may seem overwhelming, but you don’t have to do it alone. Instead, our experienced nursing home injury lawyers and staff nurse will evaluate all of the evidence, provide you with an honest assessment of your claim, and fight hard to get you the fair recovery you deserve. Call us today for a free, no-obligation consultation about your rights and possible recovery.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law