Sepsis Misdiagnosis FAQs

This is a common defense known as ‘loss of chance’ or causation dispute. Georgia courts have addressed this issue, and defendants frequently argue that the patient’s underlying condition was the true cause of death. However, the law does not require that the negligence be the only cause — only that it was a proximate contributing cause. Expert testimony is crucial to rebut this defense and demonstrate that timely, proper care would have changed the outcome.

Yes. Under O.C.G.A. § 9-11-9.1, a plaintiff filing a professional malpractice claim in Georgia must attach an expert affidavit to the complaint (or within 45 days thereafter in some circumstances), signed by a competent expert witness who is qualified to opine on the standard of care. Failure to comply can result in dismissal. This requirement underscores why retaining experienced wrongful death counsel is essential from the outset.

Key evidence includes: complete hospital or facility medical records, nursing notes and physician orders, laboratory results showing infection markers (lactate, procalcitonin, blood cultures), imaging studies, electronic health record audit logs showing when providers reviewed results, expert medical opinions, autopsy reports, and death certificates. Our firm works with leading medical experts to build a comprehensive and compelling case.

The medical standard of care in Georgia is what a reasonably skilled physician in the same specialty would have done under similar circumstances. In a sepsis case, this typically involves timely recognition of infection, appropriate blood cultures, broad-spectrum antibiotics within the ‘golden hour,’ fluid resuscitation, and intensive monitoring. Breach is proven through expert medical testimony — usually from physicians in the same specialty — who review records and opine that the defendant’s care fell below this standard.

Nursing negligence is a critical component of many sepsis cases. Bedside nurses are often the first to observe early sepsis signs — fever, tachycardia, altered mental status, decreased urine output. When nurses fail to escalate these findings to the treating physician, the hospital can be held vicariously liable under Georgia law. Wellstar Health System, including Kennestone Regional Medical Center in Marietta, is a large system with experienced defense counsel. We are not intimidated by the size of the opposing institution — we are motivated by it.

By choosing the right firm. Haug Barron Law Group is not a settlement mill. We are a trial law firm with demonstrated results against Georgia’s largest healthcare institutions. Our $30 million DeKalb County verdict is proof that juries hold these systems accountable when the evidence is properly developed and powerfully presented. Every dollar we spend on case preparation — on medical experts, life care planners, vocational economists, and trial exhibits — is an investment in maximum recovery for our clients. We are the most formidable plaintiff’s firm in Georgia for this type of case.

The most critical evidence includes: complete hospital medical records (including nursing notes, vital sign flowsheets, physician orders, and lab results); the hospital’s internal sepsis protocol policies and SEP-1 compliance data; electronic health record metadata showing exactly when entries were made; prior Joint Commission survey findings or CMS deficiency citations against the facility; and expert testimony from qualified emergency medicine, infectious disease, and critical care physicians. Our firm has deep experience in obtaining, preserving, and presenting this evidence. We also understand spoliation doctrine under Georgia law and act quickly to send preservation letters to defendants before evidence disappears.

Medical malpractice cases in Georgia typically take two to four years from filing to trial or resolution, though some settle earlier during discovery or after mediation. The timeline depends on the complexity of the case, the number of defendants, the cooperation of expert witnesses, and the willingness of the defense to engage in good-faith settlement discussions. Haug Barron Law Group never pressures clients to accept inadequate settlements — we prepare every case as if it is going to trial, and that preparation is what produces maximum results.

Yes. While our offices are located in Atlanta, Sandy Springs, and Decatur, Haug Barron Law Group represents sepsis misdiagnosis clients throughout the entire state of Georgia — including Savannah, Augusta, Macon, Columbus, Albany, Brunswick, and every county in between. Georgia’s court system does not limit where we can practice, and we travel wherever our clients need us.

Nursing home sepsis cases are an area of significant focus for Haug Barron Law Group. Nursing home residents are among the most vulnerable patients, and sepsis is a leading cause of nursing home death. If a Georgia long-term care facility failed to recognize sepsis, failed to transfer the resident to an acute care hospital promptly, or failed to notify the attending physician of deteriorating conditions, the facility and its corporate parent may face liability under both medical malpractice and nursing home negligence theories. Georgia’s Healthcare Facility Regulation Division maintains records of facility deficiencies that can be powerful evidence in litigation.

Yes. Georgia law allows claims against both the institutional defendants (the hospital, hospital authority, or healthcare system) and the individual physicians, nurses, and nurse practitioners who directly provided care. Whether a physician is an employee of the hospital or an independent contractor affects the hospital’s vicarious liability, but Georgia courts have increasingly held hospitals responsible for the actions of their ER physicians and hospitalists. We analyze every potential defendant at the outset of representation to maximize your recovery.

No hospital facing a multi-million dollar wrongful death claim will voluntarily concede liability. The hospital’s risk management and defense counsel are paid to minimize the institution’s exposure. An independent, thorough review by experienced medical malpractice attorneys — including qualified medical experts — is the only way to get an honest assessment of your claim. Haug Barron Law Group provides free case evaluations, and we will tell you the truth about your case, even if it is not what you want to hear.

Sepsis-related bilateral amputation is among the most devastating and high-value injury scenarios in medical malpractice litigation. Your son’s damages would include past and future medical expenses (including prosthetics, rehabilitation, and lifelong care), lost earning capacity over his entire career, and non-economic damages for pain, suffering, loss of enjoyment of life, and disfigurement. These cases routinely yield seven- and eight-figure results with skilled advocacy. Haug Barron Law Group is built exactly for cases like this one.

Absolutely. Northside Hospital is a major private hospital system in Atlanta, Georgia. If your father’s sepsis was caused or worsened by medical negligence at Northside — whether in the ER, on a medical-surgical floor, or in the ICU — Georgia’s Wrongful Death Act entitles his surviving spouse and children to bring a claim for the full value of his life. Our firm specializes in catastrophic injury and wrongful death cases, and we have the track record to back it up.

Wrongful discharge from the ER is one of the most serious forms of sepsis negligence. If the patient presented with signs of infection, fever, hypotension, or altered mental status — and was discharged without appropriate workup or antibiotics — Emory’s physicians and/or the hospital may be liable. Emory Healthcare is one of the largest health systems in the Southeast, with significant resources to defend claims. You need a firm with equal resources and greater resolve. That is Haug Barron Law Group.

Post-surgical sepsis is one of the most common — and most preventable — forms of this condition. Piedmont Atlanta Hospital (now Piedmont Healthcare) is a private hospital system with substantial malpractice exposure. If your loved one’s post-operative sepsis was not timely recognized, evaluated, or treated, the hospital and its medical staff may bear liability. We evaluate these cases carefully and have the medical experts to identify exactly where the standard of care was breached.

Yes. Grady Memorial Hospital is operated by Grady Health System, a public hospital authority under Georgia law. Claims against Grady and other public hospital authorities in Georgia are subject to ante litem notice requirements under O.C.G.A. § 36-33-5 and sovereign immunity considerations. These procedural requirements are strict, and missing a deadline can permanently bar your claim. Haug Barron Law Group has experience handling claims against public hospital authorities and can guide you through every step of the process.