Sepsis and Hospital Infection Malpractice in Arizona

By Joe Styler, editor (not an attorney). Updated October 17, 2026. Sources checked

Infections are a known risk of medical care, and not every infection means someone did something wrong. But an infection that is missed, or sepsis that is not recognized and treated quickly, can lead to amputation, organ damage or death. This page explains when that may be medical malpractice under Arizona law, what has to be proved, and what to do now.

The short answer

• Getting an infection during care is not, by itself, malpractice.
• A claim generally focuses on what was done once there were signs of infection or sepsis: whether they were noticed, tested and treated the way a reasonable provider would have, and whether a delay caused harm (A.R.S. 12-563).
• When expert testimony is needed, Arizona requires an expert opinion affidavit early in the case (A.R.S. 12-2603).
• The general deadline is two years after the claim accrues (A.R.S. 12-542), with much shorter notice deadlines for public facilities.

What sepsis is, in the CDC’s words

The CDC describes sepsis as “the body’s extreme response to an infection” and calls it “a life-threatening medical emergency.” It says that without fast treatment, sepsis “can quickly lead to tissue damage, organ failure, and death,” and that “healthcare providers should immediately evaluate and treat people who might have sepsis.” The infections behind sepsis commonly start in the lungs, urinary tract, skin or gastrointestinal tract.

The CDC also notes that most cases of sepsis start before a patient goes to the hospital. That matters for claims. A missed infection can happen at a clinic, an urgent care, a telehealth visit, a nursing home or an emergency room, not only after surgery.

What families and lawyers look at

The facts families and lawyers often look at in an infection case include:

• fever, new confusion or other warning signs that were recorded but not acted on
• lab results or cultures that came back abnormal and were not followed up
• a surgical wound that showed signs of infection before discharge
• a patient sent home and told to rest, who returned much sicker
• delays in starting treatment after a sepsis concern was raised
• a bedsore or catheter in a care facility that became infected without timely care (see our page on bedsores and falls in nursing homes)

Whether any of these shows a failure to meet the standard of care is something a qualified expert and a lawyer would have to assess.

What Arizona law requires

Under A.R.S. 12-563, a malpractice claim must prove both of these elements:

1. The provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same profession or class in Arizona, acting in the same or similar circumstances.
2. That failure was a proximate cause of the injury.

In an infection case, the first element often turns on what the chart showed and when. The second often turns on whether earlier treatment would have prevented the harm, such as organ damage, an amputation or a death. Our guide to Arizona medical malpractice law explains both elements.

The claim can be against individual providers and against a hospital or other facility. Arizona’s malpractice chapter defines a licensed health care provider to include institutions licensed by the state and their employees and agents working under supervision (A.R.S. 12-561).

Experts come first

Under A.R.S. 12-2603, the person bringing a claim against a health care professional must certify whether expert testimony is needed. If it is, a preliminary expert opinion affidavit must be served with the initial disclosures, and if a required affidavit is not filed and served, the court shall dismiss the claim without prejudice. Infection cases can need experts in more than one field. Our page on the expert affidavit requirement explains the rules.

If the infection was missed in the emergency room

Under A.R.S. 12-572, for a patient of a licensed hospital in compliance with the federal emergency treatment law, or as a result of a disaster, the two elements must be proved by clear and convincing evidence. That rule does not cover all ER care and does not bar ER claims. Our page on emergency room malpractice in Arizona explains it.

Wondering whether a delay in treating an infection changed the outcome? Request a free case review.

Deadlines

• A.R.S. 12-542 generally requires a malpractice lawsuit within two years after the cause of action accrues. In Walk v. Ring (2002), the Arizona Supreme Court said a claim accrues when a reasonable person would be on notice to investigate whether the injury came from someone’s wrongdoing.
• If the patient died, the two years for a wrongful death claim run from the date of death. See wrongful death after a medical error.
• Care at a city, county or state facility needs a notice of claim within 180 days (A.R.S. 12-821.01) and a lawsuit within one year (A.R.S. 12-821).
• If the infection happened in a nursing home or assisted living, Arizona’s vulnerable adult law may also apply. See our page on nursing home neglect claims.

Our page on the Arizona statute of limitations sets these out side by side. Sending our form does not stop or pause any deadline.

What to gather this week

• the dates of each visit, procedure and discharge, and when symptoms of infection started
• any temperatures, readings or warning signs you or staff wrote down
• discharge instructions and any portal messages about test results
• the date sepsis or the infection was diagnosed, and where
• a list of every facility and practice involved

Ask for the full records, including nursing notes and lab results. Our page on how to get medical records in Arizona explains how. You can also report concerns about a licensed facility to the Arizona Department of Health Services, which offers an online complaint form. A complaint does not file a claim or pause a deadline.

Frequently asked questions

Is getting an infection in the hospital malpractice?

Not by itself. Under A.R.S. 12-563, a claim must prove that a provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same or similar circumstances, and that this failure was a proximate cause of the injury. Many infection claims focus on how signs of infection were recognized and treated.

Can a missed sepsis diagnosis be malpractice?

It can be, if the two elements in A.R.S. 12-563 are proved. The CDC calls sepsis a life-threatening medical emergency and says providers should immediately evaluate and treat people who might have sepsis. Whether a delay fell below the standard of care, and caused harm, requires expert review.

Can we bring a claim against the hospital itself?

Arizona’s malpractice chapter defines a licensed health care provider to include institutions licensed by the state, and their employees and agents working under supervision. Whether a hospital is responsible in a particular case is a question for a lawyer.

How long do we have to file a sepsis malpractice claim?

A.R.S. 12-542 generally allows two years after the cause of action accrues, and two years from the date of death in a wrongful death case. Claims involving public facilities need a notice of claim within 180 days. Sending our form does not stop or pause any deadline.