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My mother 63 yrs old went to SNF post-stroke for PT and OT. They lied to me about taking a urine sample when I knew she had a UTI, left the UTI untreated for 10+ days, resulting in her going septic/pneumonia, was in ICU for 2 days, hospital for 20, then recovered and went to another SNF. From that SNF within 3 weeks she contracted C DIFF twice, ultimately going into septic shock and dying 3 days later at another ICU.



Because of the delay in treating the UTI which lead to sepsis the first time, is it safe to say they are to be held legally liable for the cause of her ultimate demise? IDPH did an investigation where they deemed my allegations valid as far as CODE: 105 "improper nursing care". Her death certificate lists Septic Shock as one of the leading causations of her death. Does anyone have any advice? I am already contacting lawyers.

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Your story is tragic. I am so sorry for your loss.
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No, they are not likely legally liable.

First of all she didn't die of septic shock from an untreated UTI.

She got pneumonia AFTER the treatment for the UTI.

THEN she got C-Diff which is quite likely what killed her.

I have seen many people die from C-diff. A compromised body cannot take the onslaught of explosive diarrhea, the robbing of the body's needs for nutrition and hydration. It is a common cause of death though in general it is considered a side effect so no coroner will say that a person died c-diff, it being a side effect. They will list sepsis as cause of death normally.

In my personal opinion, for a 65 year old to be taken in this manner, she was already very ill and debilitated. She had first the devastation of a stroke. Second, the UTI which is common in those that have had to have a catheter. Third pneumonia (do you know what kind? Was it hospital acquired?). THEN add the final blow of huge doses of antibiotics that caused C-Diff. And she did not survive.

Certainly you can consult a medical malpractice attorney. I doubt he/she will take the case.
It would be impossible to prove who or what caused death here. They cannot afford to take a case that requires so much expert advice and no expert will here hazard a guess at which onslaught brought about the finality of death.
Given they can win a judgement of no more than 250,000 for malpractice it isn't worth the money they must invest in the case this uncertain. So even if they DID believe that the missing of a UTI caused this which led to that which led to the other, they would be unlikely to accept this case.
You yourself may be comforted by knowing that. Large judgements only come when someone survives catastrophic care, was young, had a good job and the expectation of a life of earnings is now turned to a lifetime of needed care. Judgements are teeny for elders. Just the way it is in the real world of the law.

People often try to lay blame when death comes in this manner. Experts in grieving tell us that laying blame keeps us from having to face the finality of grieving. We can be angry instead of sad and that feels better to us.

I am very sorry for this devastating loss, just when you had hopes that your loved one was improving, would be getting better. As an RN I loathe C-diff. It is such an unrecognized killer, and so difficult to treat. Without a fecal transplant it is almost impossible to treat and cure. And they are loathe to do this curative measure.
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DufftheDragon Dec 19, 2023
Appreciate this incredibly insightful response. There are many other factors involved as well like forgery of admissions paperwork and medicaid fraud which I suspect as well. I have a lawyer willing to take the case I just found out today. And I agree with the transferral of the emotion of sadness to anger and justice, I realize this is what I am feeling. It's still worth a shot.
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Your first act should be to contact a lawyer who will help figure out if you have a winnable case. I'm so sorry for the loss of your Mother.
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Request the medical records immediately.

I'm so sorry for this sad loss.
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