Sepsis Lawsuits Against Nursing Homes in New York

Yes. If a nursing home failed to prevent or promptly treat an infection that led to sepsis, the facility may be liable for negligence. New York residents can pursue claims for medical costs, pain and suffering, and wrongful death if sepsis proves fatal.

NY Public Health Law §2801-d gives nursing home residents a private right of action against facilities that deprive them of their statutory rights through neglect or abuse. If that deprivation caused injury, residents or their families can sue for compensatory damages and, in some cases, enhanced damages up to 25% of compensatory damages.

Sepsis commonly develops when pressure sores (bedsores), urinary tract infections, pneumonia, or surgical wounds go untreated or are improperly managed. Nursing homes have a legal duty to monitor residents, maintain hygiene, and respond promptly to signs of infection before sepsis sets in.

In New York, a medical malpractice claim related to sepsis generally must be filed within two and a half years of the negligent act or the last date of continuous treatment. Wrongful death claims must be brought within two years of death. Acting quickly is critical because evidence and medical records can become harder to obtain over time.