By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What sepsis is
The CDC calls sepsis “the body’s extreme response to an infection” and a life-threatening medical emergency. Without fast treatment it can cause tissue damage, organ failure and death. It most often starts with an infection in the gut, lungs, skin or urinary system. Signs can include clammy or sweaty skin, confusion or disorientation, extreme pain, fever with shivering or feeling very cold, a high heart rate or weak pulse, and shortness of breath (CDC).
The CDC lists adults 65 or older, people with chronic conditions such as diabetes and lung disease, people with weakened immune systems, people recently seriously ill, operated on or hospitalized, and sepsis survivors as being at higher risk (CDC). Many nursing home residents fit several of those groups at once.
This is general information. If a resident shows these signs, ask staff to call the physician now or call 911. Only a clinician can diagnose sepsis.
The infections behind most nursing home sepsis claims
| Source of infection | Medical link | Federal rule the facility must meet |
|---|---|---|
| Pressure injury (bed sore) | Mayo Clinic says that, rarely, a skin ulcer leads to sepsis. Infection can also spread into skin and soft tissue (cellulitis) or into bones and joints (Mayo Clinic). | A resident must not develop pressure ulcers unless the clinical condition shows they were unavoidable, and one who has them must get care to promote healing and prevent infection (42 C.F.R. 483.25(b)(1)). |
| Urinary tract infection | Mayo Clinic calls sepsis a complication of a UTI that “can be life-threatening,” and says using a catheter raises the risk of UTIs (Mayo Clinic). | A catheter only when the resident’s condition shows it is necessary, assessment for removal as soon as possible, and, for a resident who is incontinent of bladder, care to prevent urinary tract infections (483.25(e)(2)). |
| Any infection | The CDC lists the lungs, skin, gut and urinary system as common starting points (CDC). | An infection prevention and control program with a system for preventing, identifying, reporting, investigating and controlling infections, a record of incidents and corrective actions, and a designated infection preventionist (42 C.F.R. 483.80). |
Mayo Clinic says long-lasting or repeated bouts of dehydration can cause urinary tract infections (Mayo Clinic), which is one reason these cases often overlap with dehydration in nursing homes.
How causation is proved
A resident can get sepsis even with good care, so the claim has to connect a specific failure to the harm. The pieces usually are:
- The standard of care: what a reasonable facility would have done for this resident, such as turning on schedule, keeping a wound clean, removing a catheter that was no longer needed, or calling the doctor when vital signs changed.
- The breach: what the chart shows staff did and did not do.
- Causation: medical testimony that the breach caused the infection, or that earlier action would have stopped it before it became sepsis.
- Harm: the hospital stay, surgery, lasting injury or death.
Timing is the center of most of these cases. Federal rules require the facility to promptly inform the resident, consult the physician and notify the representative when there is a significant change in condition or a need to alter treatment significantly (42 C.F.R. 483.10(g)(14)). Lawyers line up the vital signs, the wound notes, the time the physician was called and the time of transfer to see where hours were lost.
No official source publishes an average value for a sepsis claim, and this page does not give one. Value depends on the injury, the resident’s prior health, whether the resident survived, the medical bills, the state’s damage rules and the insurance available.
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What each state adds
| State | Rule | Law |
|---|---|---|
| California | Elder abuse claim for neglect: if the plaintiff proves, generally by clear and convincing evidence, that the defendant was guilty of recklessness, oppression, fraud or malice, the court must award reasonable attorney’s fees and costs. The usual limits of Code of Civil Procedure 377.34 do not apply, subject to the cap in Civil Code 3333.2(b). Before these remedies can be imposed on an employer, the standards of Civil Code 3294 must be met. | Welf. & Inst. Code 15657 |
| California | In claims against skilled nursing facilities and some other licensed care facilities, a court may lower the standard to a preponderance of the evidence if it finds the defendant intentionally altered, concealed or destroyed evidence. | Welf. & Inst. Code 15657.02 |
| Texas | Health care liability claims need an expert report giving a fair summary of the standard of care, how the care failed it, and the causal link to the harm. Noneconomic damages are capped at $250,000 per claimant against one health care institution and $500,000 per claimant against all institutions together. | Civ. Prac. & Rem. Code 74.351(r)(6), 74.301 |
| Washington | A health care claim requires proof that the provider failed to use the care, skill and learning expected of a reasonably prudent provider and that the failure was a proximate cause of the injury. A vulnerable adult neglected while living in a facility also has a claim for actual damages, costs and a reasonable attorneys’ fee. | RCW 7.70.040, RCW 74.34.200 |
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What this means for your case
Ask for the full chart, including vital signs, wound measurements, catheter orders, lab results and the nursing notes from the days before the hospital transfer, and get the hospital records that show where the infection started. Filing deadlines and pre-suit steps differ by state and by claim; our page on how long a nursing home lawsuit takes lists them. If the resident died in Washington, see the Washington wrongful death deadline. Our nursing home abuse section explains how the firm reviews these cases.
Common questions
Does getting sepsis in a nursing home prove neglect?
No. Sepsis can happen with good care. A claim needs proof that a specific failure caused the infection or the delay in treating it.
Can a family sue if the resident died of sepsis?
Often, through a wrongful death claim. The deadline and who may sue depend on the state.
Is a bed sore that led to sepsis an elder abuse case in California?
It can be, if the neglect was reckless and that is proven, generally by clear and convincing evidence. Then attorney’s fees and costs are added.
Do I need a medical expert?
Almost always. Texas requires an expert report in health care liability claims, and in every state causation is usually proved through medical testimony.
What records matter most?
Vital signs, wound and catheter records, the time the doctor was called and the time of the hospital transfer. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. Find more answers in our injury law FAQs.
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Related pages
Sources
- CDC, About Sepsis (cdc.gov)
- CDC, Sepsis risk factors (cdc.gov)
- Mayo Clinic, Bedsores (pressure ulcers), symptoms and causes (mayoclinic.org)
- Mayo Clinic, Urinary tract infection, symptoms and causes (mayoclinic.org)
- Mayo Clinic, Dehydration, symptoms and causes (mayoclinic.org)
- 42 C.F.R. 483.80 (infection control) (ecfr.gov)
- 42 C.F.R. 483.25 (pressure ulcers, catheters and urinary tract infections) (ecfr.gov)
- 42 C.F.R. 483.10 (notification of changes) (law.cornell.edu)
- Cal. Welfare and Institutions Code 15657 (leginfo.legislature.ca.gov)
- Cal. Welfare and Institutions Code 15657.02 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code ch. 74 (74.301, 74.351) (statutes.capitol.texas.gov)
- RCW 7.70.040 (app.leg.wa.gov)
- RCW 74.34.200 (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.