When you place a loved one in a nursing home, you do so with the expectation that the staff will watch over them. They should notice any changes in the person’s health and respond appropriately by providing the necessary care or, at the very least, getting additional help when needed. Unfortunately, one of the most serious threats to nursing home residents in West Virginia is sepsis, a life-threatening reaction to infection, the symptoms of which can easily be missed or ignored. Tragically, many of these deaths are preventable—if only the warning signs were caught in time.

What Is Sepsis?

Sepsis is the body’s extreme and damaging response to an infection. Rather than fighting an infection in the normal way, the body’s immune system responds so violently that it can cause damage to vital organs, such as the heart, lungs, and kidneys.

The most common sources of the initial infection include:

• Urinary tract infections
• Pneumonia (an infection of the lungs)
• Infected bedsores (i.e., pressure ulcers)
• Infected catheter or IV sites

Without early recognition and treatment, sepsis can progress to septic shock, which frequently results in death.

Why Nursing Home Residents Are at Higher Risk

Elderly people who live in nursing homes are at a higher risk of sepsis because they have weaker immune systems due to aging and other health conditions. In fact, many have:

• Urinary catheters, feeding tubes, or IVs, through which bacteria can enter the bloodstream
• Limited mobility, which can lead to painful bedsores that become infected
• Health problems like dementia that make it difficult for them to communicate pain or discomfort

These and other factors are primary reasons why nursing homes have a responsibility to monitor subtle changes in their residents and respond promptly.

Signs of Sepsis That Staff Should Watch For

Prompt treatment for sepsis is possible, but only if the symptoms are recognized in a timely manner. Warning signs include:

• Fever, chills, or an unusually low body temperature
• Rapid heartbeat or rapid breathing
• Sudden confusion or unusual sleepiness
• Low blood pressure, dizziness, or fainting
• New or worsening pain
• Less urination (a sign of dehydration)
• Redness, swelling, or pus around wounds

Medical staff should take these warning signs seriously and act quickly.

How Nursing Homes Fail to Diagnose Sepsis

Most sepsis deaths in West Virginia nursing homes are preventable and involve serious mistakes.  

• Infrequent vital signs checks – Staff miss changes in blood pressure, pulse, or temperature.
• Communication problems – Staff member notices something but fails to call a doctor or communicate the problem at shift change.
• Attributing symptoms to old age – Staff may simply dismiss confusion or fatigue as “just dementia.”
• Neglecting wound or catheter care – Failing to clean a bedsore or change a urinary catheter can lead to an infection that worsens over days or weeks.
• Waiting too long to transfer to a hospital – Failing to take the resident to the emergency room promptly can have deadly consequences.
• Medication errors – Staff may fail to provide or delay antibiotics.

Any of these individual mistakes could be fatal. In combination, they often represent neglect.

When Neglect Becomes a Legal Issue

Infection or poor outcomes do not always amount to malpractice. But when staff fail to notice or act on sepsis symptoms, do not provide the basic care required, or take too long to transfer the resident to a hospital, it could amount to nursing home neglect.

In West Virginia, nursing homes are expected to:

• Have infection-control policies
• Train staff to identify sepsis symptoms
• Notify a doctor quickly when symptoms are present
• Document and take action in a timely manner
• Transfer the resident to a hospital when appropriate

Families may have a right to legal action when these things are not done and a resident is injured or dies as a result.

What Families Can Do

If you have a loved one in a nursing home, take these steps to protect them:

• Advocate for them if you see changes in behavior or appearance, such as fever, confusion, unusual sleepiness, pain, wounds, or other changes from normal.
• Ask questions: What are their vitals? Have you called the doctor? Are tests or antibiotics being started? The more you know, the better you can help them.
• Insist on transfer to a proper medical facility if the resident is not improving, because a hospital visit may be the only thing that can save their life.
• Keep a record of the dates, times, names, and notes from your visit. Photos of wounds or other injuries may also be important later.

If your loved one has been seriously harmed or died from untreated sepsis in a nursing home, you may need a West Virginia failure to diagnose attorney to help determine what went wrong.

Who May Be Held Legally Responsible?

The following parties may be found responsible for errors that cause sepsis:

• The nursing home (for understaffing or for not having proper protocols).
• The doctor or nurse practitioner (for not following the standard of medical care).
• Outside nursing agencies (if they provided the staff that made the errors).

A skilled lawyer will review medical records, speak to witnesses, and consult with experts to determine who was at fault.

West Virginia Rules and Deadlines

West Virginia has strict laws regarding medical negligence cases, including time limits and specific procedures that must be followed before a lawsuit can be filed. If you suspect neglect, it’s critical to contact a lawyer as soon as possible to preserve evidence and ensure all legal options and rights are protected.

Work With a Skilled Failure to Diagnose Lawyer in West Virginia Today

Deaths from sepsis are one of the most preventable forms of nursing home deaths. The signs are typically there: confusion, fever, rapid breathing, or some other change from normal. The tragedy occurs when those signs are missed or when treatment is delayed.

If your loved one suffered from or died of untreated sepsis in a West Virginia nursing home, you have a right to know what happened. A West Virginia failure to diagnose lawyer can help you get answers, hold the facility accountable, and prevent other families from suffering the same tragedy. Contact our office today to discuss the specifics of your case.