When a loved one dies from sepsis due to medical negligence, the pain extends far beyond grief. Families face unanswered questions, mounting medical bills, and the devastating reality that their loved one’s death may have been preventable. At McCutchen Napurano - The Law Firm, our Fort Smith sepsis wrongful death lawyers understand this loss. We have recovered millions for families who suffered this tragedy. We stand ready to fight for your family’s right to justice and compensation.
Sepsis kills more people than heart attacks or stroke. When medical professionals fail to recognize warning signs or delay treatment, the consequences can be fatal. If you believe your loved one’s death resulted from healthcare provider negligence, you have legal options. We offer a free consultation to discuss your case. We will explain how we can help your family move forward. Schedule an appointment online or give us a call today: (479) 783-0036
Why Choose McCutchen Napurano - The Law Firm for Your Sepsis Wrongful Death Case
McCutchen Napurano - The Law Firm brings decades of experience handling complex medical malpractice and wrongful death cases. Our founder, Joey McCutchen, has practiced law for 37 years. He has been selected as a Super Lawyer for seven consecutive years (2019-2025). His commitment to trial advocacy and consumer protection earned recognition from the Arkansas Trial Lawyers Association. He served as President in 2017-2018.
Our firm’s results demonstrate our ability to handle complex medical negligence claims. In October 2025, we secured a $15 million wrongful death verdict in Stipins v. Mercy Hospital. This verdict is the largest wrongful death verdict from medical malpractice in Arkansas history. This case demonstrates our ability to recover substantial compensation for grieving families. View our complete case results and verdicts to see our track record.
We approach every sepsis wrongful death case with the same dedication and resources we would apply to a major trial. We do not settle cases simply to close files. Instead, we prepare each case as if it will go to trial. This means we conduct thorough investigations, retain expert witnesses, and build compelling evidence of the healthcare provider’s negligence. Our medical malpractice practice focuses on holding healthcare providers accountable.
Our commitment to families extends beyond the courtroom. We offer 24/7 availability to answer your questions and provide support during this difficult time. We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. This arrangement ensures that financial concerns never prevent you from pursuing justice. Learn more about how we get paid and our commitment to clients.
Understanding Sepsis and Medical Negligence in Fort Smith
Sepsis occurs when the body’s response to infection causes tissue damage and organ failure. What begins as a treatable infection—a urinary tract infection, pneumonia, or surgical wound infection—can rapidly progress to septic shock and death. This happens when medical professionals fail to act quickly and appropriately.
Medical negligence in sepsis cases typically involves:
- Failure to recognize sepsis symptoms despite clear clinical indicators
- Delayed diagnosis that allows the infection to progress unchecked
- Failure to initiate appropriate antibiotic therapy within the critical first hours
- Improper antibiotic selection or dosing
- Failure to monitor vital signs and respond to deteriorating conditions
- Inadequate fluid resuscitation and supportive care
- Failure to transfer patients to intensive care units when necessary
- Failure to Communicate
The standard of care for sepsis is well-established in medical literature. Healthcare providers must maintain a high index of suspicion for sepsis. They must perform appropriate diagnostic testing. They must initiate treatment protocols immediately upon diagnosis. When hospitals and physicians deviate from these standards, patients suffer preventable deaths.
In Fort Smith and throughout Arkansas, families have lost loved ones to sepsis caused by hospital negligence. These deaths result from failures in diagnosis, treatment, and monitoring. These failures violate the accepted standard of medical care. According to the CDC, sepsis affects millions of Americans annually, and early recognition and treatment are critical to survival.
What Constitutes a Sepsis Wrongful Death Claim
A wrongful death claim arising from sepsis requires proving four essential elements of medical malpractice:
Duty: The healthcare provider owed your loved one a duty of care. This duty exists whenever a doctor-patient relationship is established. Medical malpractice law establishes this fundamental obligation.
Breach: The provider breached that duty by failing to meet the standard of care. In sepsis cases, this typically means failing to diagnose sepsis promptly, delaying treatment, or providing inadequate care. Failure to diagnose is one of the most common forms of medical negligence.
Causation: The breach directly caused your loved one’s death. Medical experts must establish that appropriate diagnosis and treatment would have prevented the fatal outcome. This requires demonstrating that timely intervention would have changed the outcome.
Damages: Your family suffered quantifiable losses as a result of the death. These include economic and non-economic damages. Wrongful death compensation can include both categories.
Proving causation in sepsis cases requires expert medical testimony. We work with experienced physicians and sepsis specialists. These experts review medical records and identify deviations from the standard of care. They explain how timely intervention would have changed the outcome. The Surviving Sepsis Campaign provides clinical guidelines that establish the standard of care for sepsis treatment.
Compensation Available in Sepsis Wrongful Death Cases
Arkansas law allows families to recover compensation in wrongful death cases. This compensation includes both economic and non-economic damages:
Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and earning capacity the deceased would have provided
- Lost benefits such as health insurance and retirement contributions
- Cost of services the deceased would have provided to the family
Non-Economic Damages:
- Loss of companionship and consortium
- Emotional suffering and mental anguish
- Loss of parental guidance and instruction
- Loss of love, affection, and moral support
- Diminished quality of life for surviving family members
In cases involving gross negligence or reckless conduct, Arkansas courts may award punitive damages. These damages punish the defendant and deter similar conduct in the future. They recognize the severity of the healthcare provider’s misconduct. Our Fort Smith wrongful death attorney can evaluate the full scope of damages available in your case.
The value of your wrongful death claim depends on several factors. These include the deceased’s age, earning capacity, family relationships, and the circumstances of the negligence. Our attorneys evaluate all available compensation. We work to ensure your family receives full recovery for your losses. The American Medical Association provides standards for medical care that help establish negligence in these cases.
Frequently Asked Questions About Sepsis Wrongful Death Claims
What is the statute of limitations for a sepsis wrongful death claim in Arkansas?
In Arkansas, the statute of limitations for wrongful death claims is generally three years from the date of death. However, certain circumstances may extend or shorten this deadline. It is critical to consult with an attorney promptly. This ensures your claim is filed within the applicable timeframe. Contact our Fort Smith wrongful death lawyers immediately to protect your rights.
How do I know if my loved one's death was caused by medical negligence?
Medical negligence occurs when a healthcare provider fails to meet the standard of care. This standard applies to similarly situated professionals. If you believe your loved one received substandard care—such as delayed diagnosis, failure to treat sepsis, or inadequate monitoring—you should consult with a medical malpractice attorney. We can review medical records and consult with medical experts. We will determine whether negligence occurred. Emergency room errors are particularly common in sepsis cases.
What evidence is needed to prove a sepsis wrongful death case?
Proving a sepsis wrongful death case requires medical records, expert testimony, and evidence establishing the standard of care. We obtain complete medical records from all healthcare providers involved. We retain board-certified physicians to review the care provided. We gather evidence demonstrating how timely intervention would have prevented death. Hospital policies, sepsis protocols, and clinical guidelines also support our claims. The Joint Commission establishes standards for hospital safety and sepsis protocols.
How long does a sepsis wrongful death lawsuit take?
The timeline varies depending on case complexity and whether the case settles or proceeds to trial. Some cases resolve within one to two years. Others may take longer. We keep families informed throughout the process. We work diligently to resolve cases efficiently without compromising the quality of our representation. Learn more about how long to settle your case.
Can I file a wrongful death claim if I'm not an immediate family member?
Arkansas law limits wrongful death claims to specific family members. These typically include the spouse, children, and parents of the deceased. In some circumstances, other relatives may have standing to bring claims. We evaluate your relationship to the deceased. We explain your legal rights during our free consultation. Read more about who can file a wrongful death lawsuit in Arkansas.
Contact McCutchen Napurano - The Law Firm for a Free Consultation
The loss of a loved one to sepsis caused by medical negligence is devastating. You deserve answers, accountability, and compensation. This helps your family move forward. McCutchen Napurano - The Law Firm is ready to fight for your family’s rights.
We offer a free, confidential consultation to discuss your case. During this consultation, we will review the circumstances of your loved one’s death. We will explain your legal options and answer your questions. There is no obligation. You will not pay any attorney fees unless we recover compensation for your family.
Our compassionate legal team stands ready to help your family pursue justice. We work to recover the compensation you deserve. Schedule an appointment online or give us a call today: (479) 783-0036
