When you seek medical treatment at a hospital, the last thing you expect is to leave with a serious infection. Unfortunately, hospital-acquired infections are a real and potentially life-threatening risk for patients. If you or a loved one developed an infection during a hospital stay, you may be wondering: Can you sue the hospital for negligence? The answer depends on the circumstances surrounding the infection and whether the hospital failed to meet the standard of care. At Simeone & Miller, LLP, we help victims of medical negligence seek justice and compensation for the harm they have suffered.
Understanding Hospital-Acquired Infections
A hospital-acquired infection is an infection that develops during a patient’s stay in a medical facility. These infections can occur due to unsanitary conditions, improper sterilization of medical equipment, or failure by healthcare providers to follow standard hygiene protocols. Some of the most common HAIs include:
- Methicillin-resistant Staphylococcus aureus (MRSA): a dangerous antibiotic-resistant infection.
- Clostridium difficile (C. diff): a bacterial infection causing severe gastrointestinal distress.
- Urinary tract infections (UTIs): are often linked to catheter use.
- Surgical site infections (SSIs): infections that develop after a procedure.
- Pneumonia: often contracted through ventilators or prolonged hospital stays.
While some infections are unavoidable, many can be prevented with proper protocols and diligent patient care. The institution may be held accountable if a hospital’s negligence contributed to an infection.
When Can a Hospital Be Held Liable for an Infection?
To successfully sue a hospital for an infection, you must demonstrate that the facility or its staff acted negligently. Hospitals are expected to maintain strict hygiene and safety protocols; failure to do so can result in liability. Some common forms of hospital negligence that may lead to an infection include:
- Unsanitary Conditions: Failure to properly disinfect patient rooms, surgical instruments, and common areas.
- Lack of Proper Hand Hygiene: Medical professionals fail to wash or sanitize their hands before treating patients.
- Inadequate Sterilization of Equipment: Reusing contaminated tools or not properly sterilizing medical devices.
- Failure to Follow Infection Control Protocols: Not isolating infectious patients or improperly using protective equipment.
- Medication Errors: Overuse of antibiotics leading to antibiotic-resistant infections.
If you can prove that a hospital’s negligence directly caused your infection, you may have grounds for a medical malpractice lawsuit.
Proving Negligence in a Hospital Infection Case
A successful lawsuit against a hospital requires proving the following elements of negligence:
- Duty of Care: The hospital owed you a duty to provide a safe, sanitary environment.
- Breach of Duty: The hospital or its staff failed to follow standard infection control protocols.
- Causation: The breach directly led to your infection.
- Damages: You suffered physical, emotional, or financial harm due to the infection.
Evidence that can support your claim includes medical records, hospital sanitation policies, witness testimony, and expert opinions from medical professionals.
What Compensation Can You Recover?
If a hospital’s negligence caused your infection, you may be entitled to compensation for:
- Medical Expenses: Including treatment for the infection, hospitalization, medications, and future care.
- Lost Wages: If you were unable to work due to your illness.
- Pain and Suffering: For the physical pain and emotional distress caused by the infection.
- Long-Term Complications: If the infection leads to chronic health issues or disability.
How Can an Attorney Help?
Hospitals and their insurance companies will often attempt to deny responsibility for infections, arguing that the condition was unavoidable. Proving negligence in these cases requires a deep understanding of medical malpractice laws and hospital protocols. An experienced attorney at Simeone & Miller, LLP can:
- Investigate hospital records and infection control procedures.
- Consult with medical experts to prove negligence.
- Handle negotiations with the hospital and insurance companies.
- Take your case to trial if a fair settlement is not offered.
Contact Simeone & Miller, LLP for Legal Guidance
If you or a loved one developed an infection due to hospital negligence, you should not have to bear the burden alone. At Simeone & Miller, LLP, we are committed to holding negligent hospitals accountable and securing the compensation our clients deserve.
Contact us today for a free consultation to discuss your case and explore your legal options. We are here to fight for your rights and help you on the path to recovery.
