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Sepsis and Post-Surgical Infections

May 11, 2026

Your recovery from surgery should be a time of healing and looking forward to the future. However, for many patients, that progress is interrupted by a sudden, terrifying complication: a post-surgical infection. When an infection is not caught early or is caused by unsanitary conditions, it can lead to sepsis, a life-threatening medical emergency.

At Lowenthal & Abrams, P.C., we have spent decades helping families navigate the aftermath of medical errors. We treat our clients like family, and we understand the medical complexities of these cases because our team includes a medical doctor and a nurse who are also attorneys. If you are wondering, can you sue for a post-surgical infection? This guide will help you understand your rights and the medical realities of your situation.

What is a Post-Surgical Infection?

A post-surgical infection, often referred to in the medical community as a surgical site infection (SSI), occurs when pathogens enter the body through the incision made during a procedure. While some infections are minor and localized to the skin, others can penetrate deep into the organs or the bloodstream.

According to the Centers for Disease Control and Prevention (CDC), surgical site infections occur in approximately 0.5% to 3% of patients undergoing surgery. While that percentage may seem small, it represents hundreds of thousands of patients every year who face extended hospital stays and increased risks of mortality.

Why Is Sepsis So Dangerous After Surgery?

Sepsis is the body’s extreme, over-the-top response to an infection. It is not an infection itself, but rather a systemic immune response that triggers widespread inflammation. This inflammation can cause blood clots and leaky blood vessels, leading to poor blood flow. This, in turn, deprives organs of nutrients and oxygen, leading to organ failure.

The Statistics on Sepsis

  • The Leading Cause of Death: Sepsis is the leading cause of death in U.S. hospitals.
  • Annual Impact: More than 1.7 million adults in America develop sepsis each year.
  • Fatality Rate: Nearly 270,000 Americans die as a result of sepsis annually.
  • Readmission: Sepsis is the most common cause of hospital readmission, costing the healthcare system billions of dollars.

When medical professionals fail to identify a post-surgical infection before it turns into sepsis, the results are often catastrophic.

How Do You Recognize Sepsis? 5 Life-Saving Symptoms

Early detection is the single most important factor in sepsis treatment. If you or a loved one has recently had a procedure, you must watch for these sepsis symptoms:

  1. High Heart Rate or Low Blood Pressure: If the heart is racing or the patient feels faint, it may be a sign that the body is struggling to pump blood to vital organs.
  2. Confusion or Disorientation: Mental status changes are often the first sign that sepsis is affecting the brain.
  3. Extreme Shivering or Muscle Pain: Many patients describe this as “feeling like they are going to die.”
  4. Shortness of Breath: High respiratory rates are a common clinical indicator of systemic distress.
  5. Fever, Shivering, or Feeling Very Cold: Temperature instability is a hallmark of the body fighting a losing battle against infection.

Can You Sue for Post-Surgical Infection?

Sepsis and Post-Surgical Infections

When determining your legal options, the short answer is that you can indeed sue for a post-surgical infection if the condition was the result of medical negligence. While not every post-operative complication is considered a case of malpractice, many surgical infection malpractice claims arise because a healthcare provider breached the accepted standard of care. This failure to provide adequate treatment often includes critical oversights such as the following:

  • Using non-sterile surgical instruments.
  • Failing to provide prophylactic antibiotics before surgery.
  • Failing to monitor the patient’s vitals after the procedure.
  • Ignoring a patient’s direct complaints of pain or fever.

If you believe your complications were preventable, you may be eligible to seek compensation for sepsis due to medical negligence. At Lowenthal & Abrams, P.C., we look closely at these factors to help you understand if your healthcare provider failed to meet their professional obligations.

How Does a Sepsis Malpractice Lawsuit Work?

Filing a sepsis malpractice lawsuit is a complex process that requires deep medical knowledge. Because Lowenthal & Abrams, P.C. has a medical doctor and a nurse on our legal team, we are able to investigate these cases with a level of precision that other firms simply cannot match.

1. Proving the Breach of Duty

We look at the hospital records to see if the staff followed protocols. For example, did they check for a surgical site infection at the appropriate intervals? Did they ignore rising white blood cell counts?

2. Establishing Causation

We must prove that the sepsis was caused by the provider’s error. If a surgeon made a surgical mistake during the procedure that allowed bacteria to enter the abdominal cavity, that is a clear link.

3. Calculating Damages

We account for the “whole person.” This includes the following:

  • Current and future medical bills.
  • Lost wages and loss of earning capacity.
  • Pain and suffering.
  • Loss of companionship (in wrongful death cases).

Hospital Negligence Infection Cases: What to Look For

Hospital negligence infection cases often center on the environment of the facility itself. Latest data from the Sepsis Alliance 2026 Fact Sheet and federal reports highlight that while some progress has been made, roughly 1 in 31 U.S. hospital patients still contract at least one healthcare-associated infection (HAI) every single day.

Furthermore, according to the Patient Safety Authority, these preventable events remain a critical concern in Pennsylvania, where reporting of serious events continues to be mandatory to ensure accountability. These infections are frequently linked to:

  • Poor Hand Hygiene: Doctors and nurses moving from room to room without proper sanitization remains a leading cause of pathogen spread.
  • Inadequate Post-Op Care: Nurses being spread too thin can lead to missed clinical red flags, such as a spiking heart rate or subtle mental confusion, which are early signs of an infection after surgery.
  • Facility Contamination: Improper cleaning of surgical suites or recovery rooms, particularly in high-volume hospitals, creates an environment where bacteria thrive.

The Path to Sepsis Treatment and Recovery

If caught early, sepsis treatment usually involves high-dose intravenous antibiotics and fluids. However, if the condition progresses to septic shock, the patient may require the following:

  • Vasopressors to increase blood pressure.
  • Mechanical ventilation (oxygen).
  • Kidney dialysis.
  • Surgery to drain the infection.

The recovery from sepsis can take months or even years. Many survivors suffer from Post-Sepsis Syndrome, which includes insomnia, extreme fatigue, and cognitive impairment.

Why Choose Lowenthal & Abrams, P.C. for Your Claim?

When you are dealing with the physical and emotional trauma of an infection after surgery, the last thing you need is a lawyer who doesn’t understand the medicine.

  • Medical Staff on Site: Having a doctor and nurse as part of our legal team means we don’t have to wait weeks for an outside consultant to tell us if you have a case. We can spot the negligence in your charts almost immediately.
  • Proven Results: We have secured millions of dollars for victims of medical errors since 1975.
  • Compassionate Care: We know you are going through the hardest time of your life. We handle the insurance companies and the legal filings so you can focus on your health.

Actionable Steps to Take Today

If you suspect that you or a loved one is suffering from a post-surgical infection or sepsis due to medical errors:

  1. Seek Medical Attention: Go to an emergency room immediately if you see sepsis symptoms.
  2. Request Your Records: You have a right to your medical charts.
  3. Don’t Post on Social Media: Insurance companies often monitor social media to find reasons to deny your claim.
  4. Call a Professional: Contact a firm that understands both the law and medicine.

Contact Lowenthal & Abrams, P.C.

You shouldn’t have to pay the price for a medical professional’s mistake. If you are searching for answers regarding surgical infection malpractice claims, our team is here to listen.

We offer free consultations and operate on a contingency fee basis, you pay nothing unless we win your case. Let our family help your family.

Call us today at 888-688-0316 or schedule your free case review.

LOWENTHAL AND ABRAMS, P.C.

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