Hospital-acquired infections (HAIs) are an all too real concern for patients seeking treatment after an injury, illness, or other ailment. An infection contracted in a healthcare setting can complicate your recovery, lead to additional medical costs, and, in severe cases, cause long-term health issues or even death. With nearly one in 31 hospitalized patients experiencing some kind of HAI according to the CDC, the question arises: are hospitals responsible for these infections, and can they be held accountable under medical malpractice law?
While understanding that medical professionals are still human and susceptible to mistakes is important, so is holding responsible parties accountable for harm they have caused. So, when is a hospital-acquired infection considered medical malpractice, what are the legal considerations for filing a claim, and what factors impact compensation? Learn the answers to these crucial questions and more with Coker Law.
What is a Hospital-Acquired Infection?
A hospital-acquired infection is an infection that a patient acquired while receiving care in a healthcare facility. These infections are not present at the time of admission and typically manifest after 48 hours of hospitalization. Common HAIs include:
- Surgical Site Infections (SSIs): Infections that occur at the site of a surgical procedure.
- Catheter-Associated Urinary Tract Infections (CAUTIs): Infections associated with the use of a catheter.
- Central Line-Associated Bloodstream Infections (CLABSIs): Infections that occur from the insertion of central lines.
- Ventilator-Associated Pneumonia (VAP): Pneumonia that develops in patients on ventilators.
These infections are often preventable through strict hygiene protocols, sterilization techniques, and adherence to safety standards. Unfortunately, when healthcare facilities fail to follow these standards, patients may be at an increased risk of contracting an HAI.
When Does a Hospital-Acquired Infection Constitute Medical Malpractice?
Not all HAIs are automatically considered medical malpractice. To pursue a medical malpractice claim, a patient must prove that the healthcare facility or medical professional negligence caused or contributed to the infection. Key factors in determining whether an HAI may be malpractice include:
Breach of Standard of Care
Medical professionals are required to adhere to specific standards of care to minimize infection risks. If a healthcare facility fails to follow these standards—such as neglecting hand hygiene, improper sterilization of surgical tools, or unclean hospital environments—it may be liable for malpractice.
For example, failing to sanitize operating rooms between surgeries or reusing medical devices without proper cleaning could expose patients to dangerous pathogens.
Causation
In medical malpractice cases, it is crucial to establish a direct link between the healthcare provider’s negligence and the patient’s infection. For example, if a patient develops a surgical site infection (SSI) due to improper sterilization of surgical tools, there may be a strong argument that the infection was caused by the hospital’s actions.
Damages
A patient must demonstrate that they suffered damages as a result of the infection. These can include prolonged hospitalization, additional medical expenses, pain and suffering, or even loss of income if the infection led to an extended recovery period. Documenting these damages is critical in pursuing a successful medical malpractice claim.
Examples of Negligence Leading to Hospital-Acquired Infections
Certain practices or failures to act may increase a patient’s risk of contracting an HAI. Examples of negligence that might justify a medical malpractice claim include:
- Lack of Proper Sterilization: Medical equipment and surfaces in a hospital must be thoroughly sanitized to prevent infection. Failing to sterilize surgical tools, ventilators, or catheters can directly lead to HAIs.
- Inadequate Hand Hygiene: The CDC and other health organizations emphasize hand hygiene as a key factor in infection prevention. Healthcare providers who fail to wash hands between patients or before procedures may be liable if an infection results.
- Failure to Monitor Symptoms of Infection: After surgery or invasive procedures, medical staff are responsible for monitoring patients for early signs of infection. If healthcare providers ignore or dismiss symptoms, such as fever, redness, or pain, the patient may suffer prolonged or worsened effects from an untreated infection.
Steps to Take if You Believe You Have an HAI Caused by Negligence
If you or a loved one developed a hospital-acquired infection due to potential negligence, it’s essential to act promptly. Here are some steps that may help in pursuing a medical malpractice claim:
- Gather Documentation: Obtain copies of your medical records, including the details of your treatment and any subsequent hospital visits related to the infection. These records can provide valuable evidence of the procedures and care (or lack thereof) you received.
- Consult a Medical Malpractice Attorney: Cases involving HAIs and medical malpractice are complex, requiring specialized legal representation. An experienced attorney can help assess whether the infection was preventable and if there was a breach in the standard of care.
- Document Your Damages: Keep a record of additional medical bills, lost wages, and any other expenses or inconveniences related to the infection. Documentation of these damages is essential for calculating potential compensation in a malpractice claim.
- Understand Your Statute of Limitations: Each state has a statute of limitations, which is a time limit within which you can file a medical malpractice claim. In Florida, the statute of limitations for medical malpractice cases is generally two years from the date you discovered or should have discovered the injury. Acting quickly can be critical to preserving your rights.
How Compensation for HAIs is Determined
The compensation available for HAIs in a malpractice case can vary widely. Some factors that influence compensation include:
- Severity of the Infection: The more severe or life-threatening the infection, the more likely it is to impact the level of compensation. Serious infections that require additional surgeries, lengthy hospital stays, or long-term treatment can lead to higher damages.
- Impact on Quality of Life: If the infection causes long-term health complications, chronic pain, or permanent disability, compensation may include damages for pain and suffering, loss of enjoyment of life, and diminished quality of life.
- Financial Damages: Compensation for HAIs may also cover financial losses, including medical bills, lost wages, and future medical care. Economic damages aim to reimburse the patient for all costs related to the infection.
Challenges in Proving Hospital-Acquired Infections as Medical Malpractice
While HAIs are often preventable, proving that they amount to medical malpractice can be challenging. Hospitals may argue that the infection was an unavoidable risk or that it stemmed from the patient’s own health condition rather than any lapse in care. Additionally, medical malpractice cases often require expert testimony from healthcare professionals who can verify that the standard of care was breached.
An attorney with experience in medical malpractice cases can help navigate these challenges, identify credible expert witnesses, and compile a compelling case.
Seek Legal Guidance to Protect Your Rights
While hospital-acquired infections can be a risk for any patient, negligence on the part of medical staff or healthcare facilities may warrant a medical malpractice claim. Hospitals and healthcare providers have a responsibility to uphold stringent standards of care to protect patients. When these standards are not met, these patients have a right to seek justice and compensation for their pain and suffering.
If you believe you or a loved one suffered an HAI due to medical negligence, contact an experienced medical malpractice attorney at Coker Law. Our team can evaluate your case, explain your rights, and help you pursue compensation for the harm you’ve experienced.
Don’t hesitate to reach out and take the first step toward holding healthcare providers accountable for their actions. Give us a call today to discuss your case!
