When Can You Sue for Hospital Infections?

Hospital acquired infection (HAI) is a very common problem for hospitalized patients. According to the Centers for Disease Control and Prevention, one out of 20 patients who receive care in a hospital end up with hospital infections and 10,000 people die from their infections every year. There is an understanding that patients take on a certain level of risk from exposure to bacteria when receiving care in a hospital. If your HAI was caused by unreasonably unsanitary hospital conditions or negligent medical care and resulted in serious injuries then a medical lawsuit may be a viable option to recover damages.

Common types of hospital acquired infections

Infections from contaminated medical devices such as ventilators and catheters are the most common type of hospital infections; accounting for about two-thirds of all HAIs. Other types of hospital acquired infections are surgical infections (infections that develop after surgery), C. diff which causes serious gastrointestinal problems and MRSA.

If left untreated, any of these types of hospital infections can lead to sepsis. Sepsis is a life-threatening complication of an infection; it is a poisoning of the blood that must be treated as a medical emergency. Over one million people are hospitalized in the United States for sepsis each year and it is in the top 10 for diseases that lead to mortality in the United States.

When is a hospital liable for a hospital acquired infection?

Hospitals generally have sanitation protocols in place to protect patients as much as possible from the germs and bacteria swirling around. Protocols may involve how to keep a surgical incision clean, disinfecting surgical tools and bedding and more. If it can be proved that a hospital or their staff failed to follow these protocols either willfully or not and that this negligence was the direct result of a HAI then the hospital may be liable for damages.

What types of lawsuits may be brought for a hospital infection?

Some common types of medical malpractice lawsuits for hospital infections include:

• Delayed diagnosis or treatment
• Failure to diagnose or treat
• Failure to monitor patient symptoms properly

Any of these forms of negligence can result in the fatal condition of sepsis or septic shock.

Is the hospital liable for my infection if it was diagnosed after I was discharged?

If you end up with an infection within a week or two of being discharged from the hospital there is a good chance that you were exposed to bacteria in the hospital or in follow-up treatment during in-office care. If you are unsure about whether your infection was caused by the hospital’s negligence then speaking to a medical malpractice lawyer should be your next step. He or she will gather and review your medical records to see if delayed diagnosis or negligent care were the cause of your infection.

Can I sue for my hospital acquired infection?

A medical malpractice lawyer will only take on a case that meets the high bar set by personal injury laws in your state. The purpose of medical malpractice lawsuits is to compensate injured patients or their families who suffered pain, death or permanent disability along with considerable financial and other losses as a result of negligent care. As a result, situations with unsatisfactory outcomes alone are generally not medical malpractice cases.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.