When are hospital infections considered medical malpractice?
Since most patients admitted to a hospital already have a compromised immune system, they are vulnerable to infections. This is why it’s especially important for a hospital or any medical facility to remain sanitary. Hospital infections are considered medical malpractice if the infections were transmitted by a form of negligence.
Examples of negligent conditions or practices include:
- Failure to practice stringent cleanliness;
- Unsterile instruments or equipment;
- Improper management of catheters or ventilators;
- Negligent blood dialysis;
- Improper recovery treatment;
- Lack of hygiene; and
- Overcrowded hospitals.
Cause for concern? Absolutely.
Some bacteria in hospitals are resistant to antibiotics, making them especially difficult to treat. Further, undiagnosed or untreated infections can lead to sepsis. Sepsis is a life-threatening condition from which patients may even die. The body will send chemicals to fight the infection, which can cause body-wide inflammation. The patient’s blood pressure may drop and the patient may go into shock as organs start to shut down.
A few symptoms of sepsis are:
- Confusion;
- Fever or hypothermia;
- Rash or warm skin;
- Increased heart rate;
- Fast breathing or trouble breathing; and
- Abdominal cramps.
Failure to treat sepsis properly may be another example of medical malpractice for which Cleveland patients or their families may pursue compensation for damages.
Filing a Medical Malpractice Claim for Hospital-Acquired Infections
Speak with an attorney if you believe your infection is related to medical negligence; you must file your claim within the statute of limitation.
Often a malpractice claim related to a hospital-acquired infection requires a thorough investigation to determine:
- How it was contracted;
- Whether it could have been prevented; and
- Whether medical staff responded appropriately to treat it.
Your attorney will speak with medical experts who may provide testimony regarding whether hospital staff violated a standard of care expected of all medical professionals. If the medical staff provided a reasonable standard of care, you may not have a malpractice case.
But if a medical professional violated the standard of care and you or a loved one contracted an infection, you may have a malpractice case worth pursuing. You also must establish that the negligence caused you or your loved one to contract an infection. For example, if a nurse failed to wash his or her hands before administering an IV but you did not suffer an infection and suffered no damages, you would not have a valid claim.
Ryan, LLP helps patients in Cleveland and their families who are victims of medical malpractice, including those who contracted a hospital-acquired infection and suffered damages as a result. Contact us today at 877-864-9495 or use our online contact form to set up a consultation.
About the author of this article: Thomas Ryan