Can I File a Medical Malpractice Claim for a Hospital-Acquired Infection?

by vtaylor
Can I file a medical malpractice claim for a hospital acquired infection (HAI)?

You went to a hospital to receive treatment for a condition and ended up staying longer due to a hospital-acquired infection. Medical malpractice claims are often associated with surgical errors, misdiagnoses, or medication mistakes. However, hospital-acquired infections (HAIs) represent another serious issue that can lead to medical malpractice claims. If you or a loved one has experienced a hospital-acquired infection, you may have a case. Upon reading the information in this article, consider contacting an experienced medical malpractice lawyer in Philadelphia, such as those at Raynes & Lawn, to assist with your case and get you the justice you deserve.

Key Takeaways

  • Hospital-Acquired Infections (HAIs) result from exposure to pathogens during a medical facility stay, distinct from a patient’s primary health condition.
  • Types include SSIs, Device-Related Infections, Respiratory Infections, BSIs, UTIs, Skin Infections, Gastrointestinal Infections, and VAP.
  • Prolonged stays, health conditions, invasive procedures, device use, antibiotics, hand hygiene, environmental factors, staffing levels, patient-to-patient transmission, and immunization status contribute to HAIs.
  • Compensation may cover medical costs, lost income, pain, loss of consortium, legal expenses, funeral costs, and punitive damages.
  • Contact Raynes & Lawn at 1-800-535-1797 or online for a free consultation, securing justice and compensation for HAI-related damages.

What is a Hospital-Acquired Infection?

Hospital-acquired infections, also known as nosocomial infections, are infections that patients contract during their stay in a medical facility. These infections are not directly related to the patient’s primary health condition or diagnosis. Instead, they result from exposure to bacteria, viruses, or fungi present in the hospital environment.

Different Types of Hospital-Acquired Infections

There are many different forms of HAIs that may developed. Each hospital-acquired infection presents a unique challenge for hospital staff to overcome, as well as consequences for those impacted by the following infections:

Surgical Site Infections (SSIs)

SSIs represent a common complication following surgical procedures. These infections occur in or around the surgical incision site and are often attributed to inadequate sanitation during or after surgery. Factors such as improper wound care, contaminated surgical instruments, or unsterile operating environments can contribute to the development of SSIs. These infections pose a risk of prolonged recovery, additional medical interventions, and, in severe cases, can lead to life-threatening complications.

Device-Related Infections

Medical devices, crucial for patient care, can become sources of infection when not properly cleaned or maintained. Catheters, breathing tubes, and intravenous (IV) lines, if contaminated, can introduce harmful microorganisms into the body, leading to infections. Complications associated with device-related infections include sepsis, organ failure, and, in extreme cases, fatalities. Healthcare providers must adhere to stringent protocols for device sterilization and maintenance to minimize the risk of such infections.

Respiratory Infections

Despite concerted efforts to maintain cleanliness in healthcare facilities, airborne bacteria and viruses can still be present, posing a risk of respiratory infections for patients. Hospitals, with their high patient turnover and diverse medical conditions, may harbor infectious agents. Patients with compromised immune systems or pre-existing respiratory conditions are particularly vulnerable. Preventive measures, such as proper ventilation, regular air quality assessments, and stringent infection control practices, are essential in minimizing the risk of respiratory infections.

Bloodstream Infections (BSIs)

Infections that enter the bloodstream, either through wounds or invasive medical procedures, can result in serious illnesses and fatalities. Bacteria gaining access to the bloodstream can lead to conditions such as sepsis, a life-threatening response to infection. Catheters and other invasive devices pose a risk of introducing pathogens directly into the bloodstream if not handled with meticulous care. Prompt identification and treatment of bloodstream infections are crucial to preventing severe complications.

One of the most common bacteria in hospitals, methicillin-resistant staphylococcus aureus, also known as MRSA, can cause a range of skin and bloodstream infections. MRSA infections pose a significant challenge due to limited treatment options.

Urinary Tract Infections (UTIs)

UTIs are a prevalent form of HAI, often associated with catheter use. Catheters provide a potential entry point for bacteria, increasing the risk of urinary tract infections. Patients undergoing surgical procedures, especially those involving the urinary system, may be at heightened risk. Healthcare providers must prioritize proper catheter care, including sterile insertion and regular monitoring, to minimize the occurrence of UTIs.

Skin and Soft Tissue Infections

HAIs affecting the skin and underlying tissues can result from inadequate wound care or exposure to infectious agents. Post-surgical wounds, if not properly managed, can become sites of infection. Patients with compromised immune systems or chronic conditions such as diabetes may be at increased risk. Healthcare providers must prioritize wound care, including regular assessments and prompt intervention in case of signs of infection.

Gastrointestinal Infections

Infections affecting the stomach or intestines can result from exposure to bacteria or viruses in healthcare facilities. Contaminated surfaces, inadequate hand hygiene, or the consumption of contaminated food can contribute to the spread of gastrointestinal infections. These infections can cause symptoms such as nausea, vomiting, diarrhea, and abdominal pain.

Clostridium difficile (C. difficile) is one example of a bacteria that can lead to gastrointestinal issues, as it can infect the colon. C. difficile is connected with antibiotic use, as antibiotics disrupt normal gut function.

Ventilator-Associated Pneumonia (VAP)

VAP is a type of pneumonia that occurs in individuals receiving mechanical ventilation. The risk of VAP is associated with the use of ventilators, which can introduce bacteria into the lungs. Preventive measures include proper ventilator management, oral care, and regular assessments to minimize the risk of respiratory infections in ventilated patients.

The Risk Factors of Hospital-Acquired Infections

Hospital-Acquired Infections (HAIs) pose a significant threat to patients, and understanding the risk factors is crucial for both healthcare providers and individuals seeking to protect their well-being. Several factors contribute to the occurrence of HAIs:

Length of Stay

Prolonged hospitalization increases the risk of exposure to infectious agents. Extended stays provide more opportunities for contact with contaminated surfaces, invasive procedures, and interactions with healthcare personnel, elevating the likelihood of infection.

Underlying Health Conditions

Patients with compromised immune systems, chronic illnesses, or pre-existing conditions are more susceptible to infections. Conditions such as diabetes, HIV/AIDS, or cancer weaken the body’s defenses, making individuals more vulnerable to HAIs.

Invasive Medical Procedures

Invasive procedures, including surgeries, catheter insertions, and the use of ventilators, create entry points for pathogens. If proper aseptic techniques are not followed during these procedures, the risk of HAIs significantly increases.

Device Utilization

The use of medical devices like catheters, breathing tubes, and central lines, while essential for patient care, can also contribute to infections if not adequately maintained. Improper cleaning and maintenance of these devices create opportunities for bacterial or viral colonization.

Antibiotic Use

Broad-spectrum antibiotic use, while crucial for treating bacterial infections, can disrupt the normal balance of microbial flora in the body. This disruption may lead to the overgrowth of harmful bacteria, increasing the risk of infections such as Clostridium difficile (C. difficile).

Hand Hygiene Practices

Inadequate hand hygiene among healthcare personnel can facilitate the transmission of infectious agents. Proper handwashing, a cornerstone of infection control, is essential in preventing the spread of HAIs within healthcare settings.

Environmental Contamination

Contaminated surfaces and equipment in hospital environments can serve as reservoirs for infectious agents. Regular and thorough cleaning of patient rooms, equipment, and common areas is crucial in minimizing the risk of cross-contamination.

Staffing Levels

Insufficient staffing levels may impact the quality of patient care and infection control practices. Overworked healthcare personnel may struggle to adhere to proper protocols, increasing the likelihood of lapses that contribute to HAIs.

Patient-to-Patient Transmission

Close proximity among patients, especially in shared rooms or common areas, can facilitate the transmission of infections. Proper isolation measures and infection control practices are essential in preventing the spread of HAIs between patients.

Immunization Status

Incomplete immunization of patients or healthcare personnel against preventable diseases may contribute to the occurrence of vaccine-preventable infections within healthcare settings.

When is a Hospital Liable For Hospital-Acquired Infections?

Determining hospital liability for Hospital-Acquired Infections involves assessing various factors related to the standard of care and preventive measures in place. Hospitals may be considered liable under the following circumstances:

Inadequate Infection Control Practices

Hospitals are responsible for implementing and enforcing robust infection control practices. If a hospital fails to maintain cleanliness, sterilize equipment, and prevent the spread of infections within its premises, it may be held liable for resulting HAIs.

Insufficient Staff Training

Proper training of healthcare personnel in infection prevention is crucial. If hospitals neglect to adequately train their staff on hygiene protocols, aseptic techniques, and preventive measures, they may be held accountable for lapses leading to HAIs.

Negligent Hiring or Staffing Practices

Hospitals must ensure an adequate nurse-to-patient ratio and employ qualified personnel. Negligent hiring or staffing practices that compromise patient safety may result in hospital liability for HAIs.

Failure to Follow Protocols

Hospitals are obligated to follow established protocols for invasive procedures, device maintenance, and patient care. Deviations from these protocols that contribute to the occurrence of HAIs may lead to liability.

Lack of Surveillance and Monitoring

Hospitals should implement surveillance systems to monitor infection rates and promptly identify outbreaks. Failure to conduct surveillance and respond to emerging infection trends may indicate negligence and result in liability.

Inadequate Environmental Hygiene

Proper cleaning and maintenance of hospital environments are essential in preventing environmental contamination. If a hospital neglects these practices, leading to the spread of infections, it may be held liable.

Failure to Isolate Infected Patients

Timely identification and isolation of patients with contagious infections are critical. Hospitals failing to implement isolation measures and prevent the transmission of infections between patients may face liability.

Deficient Communication

Effective communication among healthcare personnel is vital for coordinated infection control efforts. Hospitals lacking proper communication channels that contribute to the spread of infections may be held liable.

Can a Medical Malpractice Attorney Help?

Medical malpractice attorneys can help you develop a case and receive the legal recourse you seek. Here are the steps a lawyer will take:

  • Case Evaluation: A skilled attorney will assess the specifics of the case, including the type of infection, circumstances of its acquisition, and potential lapses in the standard of care.
  • Gathering Evidence: Attorneys will gather relevant evidence, including medical records, witness statements, and expert opinions, to build a compelling case demonstrating negligence or inadequate care.
  • Navigating Legal Complexities: Medical malpractice cases involve intricate legal processes. Attorneys have the expertise to navigate these complexities, ensuring that legal requirements are met and deadlines are adhered to.
  • Negotiating with Healthcare Institutions: Attorneys will engage in negotiations with healthcare institutions and their legal representatives to seek fair compensation for damages incurred due to HAIs.
  • Litigation Representation: In cases where a fair settlement is not reached, attorneys are prepared to represent clients in litigation, presenting a strong case in court to secure just compensation.

What Damages Can Be Received For a Hospital-Acquired Infection?

If you or a loved one have suffered from an HAI, you may be eligible to receive various forms of compensation for the damages incurred. These are usually agreed up through settlement negotiations or litigation. The damages may include:

  • Medical Expenses: Compensation for past, present, and future medical costs related to the treatment of the infection, including hospital stays, medications, surgeries, and rehabilitation.
  • Lost Income and Earning Capacity: Damages for lost wages during the recovery period, as well as compensation for the diminished ability to earn income in the future due to long-term or permanent impairment.
  • Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress experienced as a result of the infection and its aftermath.
  • Loss of Consortium: Damages sought by spouses or family members for the loss of companionship, support, and intimacy resulting from the infection.
  • Legal Costs: Recovery of costs associated with pursuing a medical malpractice claim, including attorney fees, court fees, and related expenses.
  • Funeral and Burial Expenses: In cases where a Hospital-Acquired Infection leads to the death of the individual, surviving family members may pursue damages for funeral and burial expenses.
  • Punitive Damages: In rare cases involving gross negligence or willful misconduct, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Contact a Philadelphia Medical Malpractice Lawyer Today

Hospital-acquired infections can add layers of challenge to treatment, particularly when you or a loved one is already in a precarious situation. Navigating the complexities of hospital-acquired infections (HAIs) demands a vigilant pursuit of justice. If you or a loved one has suffered the consequences of an HAI, you are not alone. Recognizing the prevalence of these infections and the far-reaching impact on lives, Raynes & Lawn stands ready to be your advocate. Don’t let the aftermath of an HAI go unaddressed; act now, and let us help you reclaim control and seek the compensation owed to you. Give us a call at 1-800-535-1797 or fill out the contact form to set up your free consultation.



For the general public:  This Blog/Website is made available by the law firm publisher, Raynes & Lawn, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

For attorneys:  This Blog/Website is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients.  Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.