Millions of Americans live in nursing homes and other assisted living facilities. Living in these facilities is not cheap, so loved ones expect that they will get the quality of care they pay for.
Unfortunately, this is not always the case. Many of those who live in nursing homes are elderly and have a chronic health condition. These are both factors that can increase the risk of infection, as well as sepsis. Sepsis is a type of blood poisoning. It is a life-threatening infection that requires prompt treatment. If not treated quickly, sepsis can lead to tissue damage, organ failure, and even death.
Challenges with Identifying Sepsis in Nursing Home Facilities
Sepsis can be hard to diagnose, as there is no single test that can diagnose it. Identifying sepsis in long-term care settings can be especially challenging due to the unique characteristics of the resident population and the care environment.
Some of the most common difficulties include:
Atypical presentations. Older adults often do not display the classic signs of sepsis, such as fever, tachycardia, or elevated white blood cell counts. Instead, they may present with vague symptoms like fatigue, confusion, or a decline in functional status.
Pre-existing comorbidities. Many residents already have multiple chronic conditions (such as dementia, heart disease, and diabetes), which can mask or mimic sepsis symptoms.
Cognitive impairment. Residents with dementia or other cognitive impairments may not be able to verbalize pain, discomfort, or early infection symptoms, delaying recognition.
Limited access to diagnostic tools. Unlike hospitals, nursing homes often lack rapid laboratory testing, imaging, and advanced monitoring equipment. Staff must rely heavily on clinical observation, which increases the risk of missed or delayed diagnosis.
Staff training and turnover. Staff in nursing homes may have varying levels of training in recognizing early sepsis signs. High staff turnover is common and can make it even more difficult to diagnose sepsis in residents.
Overlapping signs with other conditions. Delirium, dehydration, or medication side effects can mimic sepsis-related changes in vital signs or mental status, making diagnosis difficult.
Preventing Sepsis in Nursing Homes
Preventing sepsis requires a proactive approach. Here are some factors that can help nursing home staff:
Strong infection control practices. Sepsis usually begins with an infection, so preventing infections is the first line of defense. Staff must follow strict hand hygiene before and after resident contact and adhere to isolation protocols for contagious illnesses. Regular cleaning of surfaces and proper sterilization of medical equipment can also reduce risks.
Vaccination programs. Vaccines protect against infections that often lead to sepsis in the elderly. Influenza and pneumococcal vaccines are especially critical, as pneumonia is a frequent sepsis trigger. COVID-19 and shingles vaccines may also reduce severe infection risk. Nursing homes should track immunization status for both residents and staff and offer on-site vaccination clinics.
Monitoring high-risk residents. Certain residents, such as those with diabetes, COPD, chronic kidney disease, or catheters, face a greater risk of developing sepsis. Staff should implement heightened surveillance for these individuals, with regular checks of vital signs, wound assessments, and attention to subtle behavioral changes like withdrawal or increased confusion. Proactive monitoring can help spot infections early.
Staff education and training. Staff at all levels, from nurses to aides, should be trained to recognize early signs of infection and sepsis. Training should highlight warning signs such as new confusion, decreased appetite, or functional decline. Ongoing refreshers and scenario-based training can help with recognition and response skills.
Prompt wound and skin care. Sepsis often develops from wounds, so proactive wound care is necessary. Nursing homes should implement daily skin checks, reposition immobile residents, and apply barrier creams as needed. Any sign of redness, swelling, or drainage should be promptly reported and evaluated.
Rapid response protocols. If sepsis is suspected, every minute counts. Facilities should have clear escalation protocols in place. They should know who to notify, when to send a resident to the ER, and how to coordinate with emergency services to ensure no time is wasted.
What Are My Legal Options?
If your loved one developed sepsis while living in a nursing home, you may have several legal options, depending on the circumstances. They include the following:
Negligence claim. If the nursing home failed to provide reasonable care, such as ignoring infection control protocols or delaying treatment, then you may have grounds for a negligence lawsuit. The main question is whether the facility breached its duty of care.
Medical malpractice. If a doctor, nurse, or other licensed healthcare provider in the facility failed to diagnose, treat, or properly manage an infection that led to sepsis, you may be able to pursue a medical malpractice claim. This often requires expert testimony to prove that the provider’s actions fell below accepted medical standards.
Wrongful death claims. If sepsis caused your loved one’s death and negligence played a role, surviving family members may file a wrongful death claim. Compensation could cover funeral expenses and medical bills.
Breach of contract or regulatory violations. Many nursing homes are bound by resident care contracts and state/federal regulations. If they failed to comply with required infection control standards or residents’ rights, a claim may be pursued under breach of contract or regulatory grounds.
Reporting to state or federal agencies. Families can file complaints with state health departments or the Centers for Medicare & Medicaid Services (CMS). These agencies can investigate and may impose fines, sanctions, or revoke licenses. While this avenue does not provide direct compensation, it helps hold facilities accountable.
Contact Newman Law Group Today
Sepsis is a serious medical issue that can lead to a rapid decline in health and even death. It is important for nursing home staff to have procedures in place to prevent and treat it.
If your loved one has developed sepsis or been abused or neglected in some other way, see how a Sacramento nursing home abuse attorney from Newman Law Group, LLP can assist you. We can help you find the right solution for your elder law issue. Call (916) 352-3181 or fill out the online form to schedule a consultation with our office.
