Representing victims of medical malpractice across Ontario
Sepsis is a life-threatening medical emergency. When it is not recognized or treated promptly, it can lead to organ failure, permanent injury, or death. In hospital and emergency settings, delays in diagnosing or treating sepsis are a common and serious cause of medical malpractice claims.
In Ontario, a failure to diagnose or properly treat sepsis may amount to medical negligence if a physician, nurse, or hospital did not meet the accepted standard of care and that failure caused preventable harm.
This page explains when delayed or inadequate sepsis care may support a malpractice claim, what must be proven, and when it is appropriate to speak with a medical malpractice lawyer.
Sepsis is a severe and potentially fatal reaction to infection. It occurs when the body’s immune response causes widespread inflammation, leading to tissue damage, organ failure, and shock.
Sepsis can arise from many sources, including:
Pneumonia
Urinary tract infections
Abdominal or gastrointestinal infections
Skin and soft tissue infections
Post-surgical infections
Undiagnosed or untreated wounds
Because sepsis can progress rapidly, early recognition and treatment are critical.
Sepsis is frequently missed or undertreated because:
Early symptoms can be subtle or non-specific
Patients may present with multiple medical issues
Vital signs may initially appear only mildly abnormal
Symptoms may be attributed to less serious conditions
Warning signs may not be escalated appropriately
Despite these challenges, hospitals and physicians are expected to recognize red flags and respond promptly when sepsis is a possibility.
In Ontario, a failure to diagnose or treat sepsis may constitute medical malpractice when healthcare providers did not act as reasonable providers would have acted in similar circumstances.
Examples that may support a claim include:
Failure to recognize signs of infection and systemic illness
Failure to order appropriate blood work or cultures
Delay in administering antibiotics
Failure to provide intravenous fluids or supportive care
Failure to monitor or respond to deteriorating vital signs
Failure to escalate care to senior physicians or ICU
Premature discharge from hospital or emergency department
The legal focus is not on whether sepsis is difficult to diagnose, but on whether reasonable steps were taken when warning signs were present.
Signs that commonly require urgent assessment include:
Fever or abnormally low body temperature
Rapid heart rate
Rapid breathing or shortness of breath
Low blood pressure
Confusion or altered mental status
Decreased urine output
Elevated or abnormal laboratory markers
Signs of infection with systemic symptoms
A failure to act on these indicators may form the basis of a negligence claim.
Failure-to-treat sepsis cases frequently arise in:
Emergency departments
Hospitals and inpatient wards
Long-term care facilities
Post-surgical care
Urgent care and walk-in clinics
These cases often involve multiple providers, including physicians, nurses, and hospitals.
In sepsis cases, healthcare providers and their insurers often argue that:
Symptoms were vague or evolving
Sepsis developed suddenly and unpredictably
Care decisions were reasonable at the time
Earlier treatment would not have changed the outcome
The patient had serious underlying conditions
Because these defences are common, sepsis malpractice cases typically require detailed record review and expert medical evidence.
To succeed in a medical malpractice claim involving sepsis, the plaintiff must prove:
Standard of Care
What a reasonable healthcare provider should have done when faced with signs of infection or deterioration.
Breach of the Standard of Care
That the provider failed to recognize, investigate, or treat sepsis appropriately.
Causation
That the delay or failure in treatment caused or materially contributed to the injury or death.
Damages
That the patient suffered serious harm as a result.
Causation is often the most contested issue. It must be shown that earlier diagnosis or treatment would likely have prevented or reduced the harm.
Medical malpractice claims in Ontario are subject to strict limitation periods.
In most cases, a lawsuit must be started within two years of when the claim was discovered or ought reasonably to have been discovered. In sepsis cases, discovery may occur:
After a sudden deterioration or death
When families later learn that treatment was delayed
When medical records reveal missed warning signs
There are also ultimate limitation periods that may bar claims entirely. Because limitation issues are complex, legal advice should be sought as soon as possible.
Sepsis malpractice cases are heavily evidence-driven. Important records often include:
Emergency department triage notes
Vital sign charts
Nursing notes and flow sheets
Laboratory results and culture reports
Medication administration records
Physician progress notes
ICU or escalation documentation
Discharge summaries
A detailed timeline is usually essential to determining whether care was appropriate.
Depending on the outcome, compensation in a sepsis malpractice claim may include:
Pain and suffering damages
Income loss and loss of earning capacity
Cost of future care and medical expenses
Out-of-pocket costs
Family claims and dependency damages
Wrongful death damages in fatal cases
Not every case will justify litigation. Severity of harm and strength of medical evidence are key considerations.
Even where sepsis is involved, many cases cannot proceed because:
The standard of care was met
Treatment delays did not change the outcome
The progression of illness was unavoidable
Expert medical support is unlikely
Damages do not justify the cost of litigation
A careful evaluation is necessary to distinguish tragic outcomes from legally actionable negligence.
Failure to diagnose or treat sepsis is one of the most serious forms of medical negligence. These cases require careful review of medical records, expert analysis, and an understanding of how Ontario courts assess causation.
If you believe delayed or inadequate sepsis care caused serious injury or death, a medical malpractice lawyer can assess whether a legal claim is viable and explain the options available under Ontario law.
All inquiries are confidential. Not every case can proceed, but timely legal advice can provide clarity and help protect your rights.