Our Lawyers
Hospital-Acquired Sepsis Medical Malpractice in Chicago
Every year, patients check into Chicago hospitals expecting to get better, and some leave far worse off than when they arrived. Hospital-acquired sepsis, sometimes called nosocomial sepsis, is a life-threatening condition that develops after a patient is already admitted for another reason. It is not a rare complication. Sepsis contributes to at least 1.7 million adult hospitalizations and at least 350,000 deaths annually in the United States. When a hospital’s own failures, such as contaminated catheters, unmonitored infections, or delayed treatment, cause a patient to develop sepsis, that is not just a medical tragedy. It may be medical malpractice. If you or someone you love developed sepsis during a hospital stay in Chicago, the team at Chicago personal injury lawyer Briskman Briskman & Greenberg wants to hear from you.
Table of Contents
- What Hospital-Acquired Sepsis Is and Why It Happens in Chicago Hospitals
- How Hospital Negligence Causes Sepsis and What Qualifies as Malpractice
- Illinois Laws That Govern Hospital-Acquired Sepsis Malpractice Claims
- What Damages You Can Recover in a Hospital-Acquired Sepsis Malpractice Case
- Why You Should Contact Briskman Briskman & Greenberg About Your Sepsis Malpractice Case
- FAQs About Hospital-Acquired Sepsis Medical Malpractice in Chicago
What Hospital-Acquired Sepsis Is and Why It Happens in Chicago Hospitals
Hospital-acquired sepsis is sepsis that develops at least 48 hours after a patient is admitted to a hospital. Sepsis is the body’s extreme immune response to an uncontrolled infection. When that infection starts inside the hospital itself, often from a procedure, a device, or a failure to prevent the spread of bacteria, the hospital may bear responsibility.
Common sources of hospital-acquired sepsis include central line bloodstream infections, ventilator-associated pneumonia, urinary catheter infections, and surgical site infections. Under the Illinois Hospital Report Card and Consumer Guide Act (820 ILCS 305), individual hospitals are required to report infection-related measures, including central vascular catheter-related bloodstream infection rates in designated critical care units. This law exists precisely because these infections are known, trackable, and preventable.
Research shows that 23.6% of all hospital-treated sepsis cases are healthcare-associated, with a mortality rate of 24.4% among patients affected, rising to 52.3% for those treated in intensive care units. Those numbers tell a stark story. Patients who develop sepsis inside a hospital face dramatically higher odds of death than those who arrive with sepsis already present.
Chicago’s major medical centers, from Northwestern Memorial Hospital near Streeterville to Rush University Medical Center on the Near West Side, are world-class facilities. But even top-tier hospitals have protocols that fail, nurses who miss warning signs, and physicians who do not respond quickly enough to early sepsis indicators. When those failures cause a patient’s condition to spiral, the law provides a path to accountability.
Hospital-acquired sepsis patients show more severe disease and a larger number of organ dysfunctions, with significantly higher in-hospital mortality than those with community-acquired sepsis. Families dealing with the aftermath of a loved one’s preventable death deserve answers, not silence from a hospital’s legal team.
How Hospital Negligence Causes Sepsis and What Qualifies as Malpractice
Not every case of hospital-acquired sepsis is malpractice. The key question is whether the hospital or its staff breached the accepted standard of care, and whether that breach directly caused the patient’s harm. A medical malpractice lawyer evaluates the specific facts of each case against what a competent hospital or provider should have done under the same circumstances.
Common acts of negligence that lead to hospital-acquired sepsis include failure to follow sterile technique when inserting central lines or urinary catheters, failure to monitor a patient’s vital signs for early signs of infection, failure to notify a physician when a patient’s condition deteriorates, failure to order appropriate blood cultures or laboratory tests when infection is suspected, and failure to administer antibiotics promptly once sepsis is identified.
The CDC’s 2022 National Healthcare Safety Network data found that only 55% of all hospitals provide sepsis program leaders with dedicated time to manage a sepsis program and conduct daily activities. That gap in institutional support creates real risk for real patients. When a hospital does not have functioning sepsis protocols, and a patient suffers as a result, that institutional failure can form the basis of a negligence claim.
Nursing negligence is a particularly common factor in hospital-acquired sepsis cases. Nurses are often the first to observe changes in a patient’s condition. Failure to escalate care when a patient shows early sepsis symptoms, such as a rising heart rate, dropping blood pressure, or confusion, can allow a manageable infection to become a catastrophic, organ-destroying emergency. Related failures, like inadequate nursing assessments or failure to monitor vital signs on schedule, can all contribute to a sepsis claim.
Physicians also carry responsibility. A doctor who dismisses early warning signs, fails to consult an infectious disease specialist when appropriate, or delays ordering antibiotics after a positive blood culture may be liable for the patient’s worsening condition. Every hour of delay in treating sepsis increases the risk of organ failure and death.
Illinois Laws That Govern Hospital-Acquired Sepsis Malpractice Claims
Illinois law provides a clear framework for holding hospitals and healthcare providers accountable. Understanding these rules is essential before filing any claim. A medical malpractice attorney can help you apply these rules to the specific facts of your case.
Under 735 ILCS 5/13-212(a), a medical malpractice lawsuit must be filed within two years from the date the patient knew, or through reasonable diligence should have known, of the injury and its connection to negligent care. An absolute four-year statute of repose also applies, meaning no claim can be filed more than four years after the negligent act or omission, regardless of when the patient discovered the harm. These deadlines are firm, and missing them typically ends any chance of recovery.
Before filing a complaint, Illinois law under 735 ILCS 5/2-622 requires the plaintiff’s attorney to attach an affidavit to the complaint stating that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. That reviewing professional must have practiced or taught in the same area of healthcare at issue within the last six years. This requirement is designed to filter out weak claims, but it also means building a strong foundation before the lawsuit is filed.
When multiple defendants are at fault, such as a hospital, a nurse, and an attending physician, Illinois law under 735 ILCS 5/2-1117 governs how liability is shared. All defendants found liable are jointly and severally liable for the plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters because it can affect which parties ultimately pay and how much each owes.
If a patient dies from hospital-acquired sepsis, the family may bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. This law allows the deceased’s survivors to recover damages when the death was caused by the wrongful act or neglect of another party. Punitive damages are not available in healing art malpractice actions under 735 ILCS 5/2-1115, but compensatory damages for medical expenses, lost income, and the grief of surviving family members can still be substantial.
What Damages You Can Recover in a Hospital-Acquired Sepsis Malpractice Case
Surviving a sepsis event caused by hospital negligence often means months of additional hospitalizations, surgeries, rehabilitation, and permanent disability. Families who lose a loved one to preventable sepsis face financial and emotional devastation. Illinois law allows victims and their families to recover compensation for the full scope of those losses.
Economic damages include past and future medical expenses, lost wages, lost earning capacity, and the cost of ongoing care. Sepsis survivors frequently require amputations, dialysis for kidney failure, ventilator support, and long-term rehabilitation. Those costs accumulate fast, especially when the patient was a working adult supporting a family. A patient who develops hospital-acquired sepsis after a routine surgery at a Chicago hospital near the Loop or in Lincoln Park and ends up with permanent organ damage faces a lifetime of medical costs that far exceed the original procedure.
Non-economic damages cover pain and suffering, emotional distress, loss of a normal life, and loss of companionship for surviving family members. Illinois does not cap non-economic damages in medical malpractice cases, following the Illinois Supreme Court’s ruling in Lebron v. Gottlieb Memorial Hospital, which struck down prior damage caps as unconstitutional.
Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 and one-third percent of all sums recovered on a contingency fee basis. This means you do not pay attorney fees out of pocket. The fee comes from the recovery, if and when one is obtained. At Briskman Briskman & Greenberg, we handle medical malpractice cases on a contingency fee basis. You owe no attorney fees unless we recover compensation for you. You may, however, still be responsible for certain case costs and expenses, which we will explain clearly at the outset.
If your loved one died from hospital-acquired sepsis, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows the estate and surviving family to pursue damages for the full economic and personal losses caused by that death. These claims are time-sensitive, so contacting an attorney promptly protects your rights.
Why You Should Contact Briskman Briskman & Greenberg About Your Sepsis Malpractice Case
Hospital-acquired sepsis cases are among the most demanding in medical malpractice law. They require a thorough review of nursing notes, physician orders, laboratory results, infection control records, and hospital protocols. They often involve multiple defendants, including the hospital itself, individual physicians, and nursing staff. Building a successful claim means connecting each act of negligence to the patient’s specific harm, and doing it with the support of qualified medical experts.
Briskman Briskman & Greenberg has represented injured Chicagoans and Illinois families for decades. Our firm handles serious personal injury and medical malpractice claims throughout the Chicago area, including cases arising at hospitals near Millennium Park, in the South Loop, in Wicker Park, and across Cook County. We know the Cook County Circuit Court, located at the Daley Center on Washington Street in the heart of downtown Chicago, and we know how to build cases that hold hospitals and healthcare systems accountable.
We work with qualified medical experts who can assess whether your loved one’s care met the standard required under Illinois law. We handle the 735 ILCS 5/2-622 certificate of merit process, the investigation, and the litigation, so you can focus on recovery and your family. A medical malpractice lawyer at our firm will review your case at no charge.
If you believe a hospital’s negligence caused you or a family member to develop sepsis, do not wait. The two-year statute of limitations under 735 ILCS 5/13-212(a) and the four-year statute of repose mean that delays can permanently close the door on your claim. Call Briskman Briskman & Greenberg at (312) 222-0010 or contact us online for a free consultation. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606. You can also speak with a medical malpractice attorney at our firm about cases arising throughout the greater Chicago area. If you are dealing with a related situation involving a failure to recognize sepsis in the ICU or a delayed sepsis diagnosis, those claims follow many of the same legal principles and deserve the same prompt attention. A medical malpractice lawyer at our firm can evaluate all aspects of your situation together.
FAQs About Hospital-Acquired Sepsis Medical Malpractice in Chicago
What is the difference between hospital-acquired sepsis and regular sepsis?
Hospital-acquired sepsis, also called nosocomial sepsis, develops at least 48 hours after a patient is admitted to a hospital. Regular sepsis, or community-acquired sepsis, develops before admission or very shortly after arrival. The distinction matters legally because hospital-acquired sepsis is often tied to preventable failures in hospital care, such as contaminated catheters, improper sterile technique, or failure to monitor for infection, which can form the basis of a malpractice claim.
How do I know if my loved one’s hospital-acquired sepsis was caused by malpractice?
You need to establish that the hospital or its staff breached the accepted standard of care, and that the breach directly caused the sepsis or made it significantly worse. Signs of potential malpractice include a documented delay in antibiotic treatment, failure to follow infection control protocols, failure to notify a physician when early sepsis warning signs appeared, or failure to conduct appropriate diagnostic testing. A review of medical records by a qualified attorney and a medical expert is the best way to assess whether malpractice occurred in your specific case.
How long do I have to file a hospital-acquired sepsis malpractice claim in Illinois?
Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that the injury was connected to negligent care. An absolute four-year statute of repose also applies, meaning no claim can be filed more than four years after the negligent act, even if you discovered the harm later. If your loved one died from sepsis, wrongful death claims under 740 ILCS 180/1 are generally subject to a two-year deadline from the date of death. These deadlines make it critical to act quickly.
Can I sue a Chicago hospital if my family member died from hospital-acquired sepsis?
Yes. If a hospital’s negligence caused or contributed to your family member’s death from sepsis, you may have a claim under both the Illinois Healing Art Malpractice statute and the Illinois Wrongful Death Act, 740 ILCS 180/1. The Wrongful Death Act allows surviving family members to seek compensation for the losses caused by the death, including medical expenses, funeral costs, lost financial support, and the personal grief of surviving relatives. Punitive damages are not available in healing art malpractice cases under 735 ILCS 5/2-1115, but compensatory damages can be significant.
Does Briskman Briskman & Greenberg charge upfront fees for sepsis malpractice cases?
No. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 and one-third percent of all sums recovered. This means you pay no attorney fees unless we obtain a recovery for you. Please be aware that you may still be responsible for certain litigation costs and expenses separate from attorney fees, which we will explain clearly during your free initial consultation. Call us at (312) 222-0010 to get started.
More Resources About Infectious Disease Negligence in Chicago
SEEN ON:
