Liability for Hospital Infections: Understanding Patient Rights
Hospital infections, or healthcare-associated infections (HAIs), are a significant issue in healthcare facilities worldwide. While hospitals strive to maintain sterile environments, infections can still occur. When patients contract infections during their hospital stay, questions of liability often arise, especially if the infection could have been prevented. Consult with a Philadelphia Hospital Infections Lawyer to discuss legal considerations surrounding hospital infections, who may be held responsible, and what recourse is available to affected patients.
What Are Healthcare-Associated Infections (HAIs)?
Healthcare-associated infections (HAIs) are infections that patients acquire while receiving treatment in a healthcare facility, such as a hospital, nursing home, or outpatient clinic. Common HAIs include infections caused by bacteria, fungi, or viruses, such as:
- Methicillin-resistant Staphylococcus aureus (MRSA)
- Clostridioides difficile (C. diff)
- Surgical site infections (SSIs)
- Catheter-associated urinary tract infections (CAUTIs)
- Ventilator-associated pneumonia (VAP)
HAIs often occur due to the invasive procedures patients undergo during their hospital stay, the use of medical devices (e.g., catheters, IV lines), or unsanitary conditions within the healthcare facility. In some cases, HAIs result from poor hygiene practices by healthcare providers or inadequate sterilization of medical equipment.
When Is a Hospital Liable for an Infection?
While not every hospital infection is the result of negligence, hospitals and healthcare providers can be held liable if they fail to follow proper procedures or maintain a safe environment. To establish liability, the patient must demonstrate that the hospital or medical staff breached the standard of care and that this breach directly caused the infection. Common reasons a hospital might be held liable for an infection include:
- Failure to Maintain Sterile Conditions: Hospitals are required to maintain a clean and sterile environment. This includes sterilizing medical equipment, cleaning operating rooms and patient areas, and ensuring proper sanitation practices throughout the facility. If the hospital fails to uphold these standards, and a patient contracts an infection, the hospital may be liable.
- Improper Hand Hygiene: Handwashing is one of the most effective ways to prevent infections in healthcare settings. Healthcare providers are required to follow strict hand hygiene protocols before and after interacting with patients. Failure to do so can spread harmful bacteria or viruses, leading to patient infections.
- Negligent Use of Medical Devices: Medical devices such as catheters, ventilators, and surgical instruments must be used and maintained with care. If healthcare staff fail to properly insert, monitor, or clean these devices, patients can develop infections. For example, an improperly sterilized catheter can introduce bacteria into the patient’s body, leading to a serious infection.
- Failure to Isolate Infected Patients: When patients have contagious infections, hospitals must take appropriate measures to isolate them from other patients. Failure to do so can result in the spread of infections to others, especially those with weakened immune systems.
- Delayed Diagnosis or Treatment: Early identification and treatment of infections are critical. If a healthcare provider fails to recognize symptoms of an infection and delays treatment, the patient’s condition may worsen, leading to complications or even death. In such cases, the healthcare provider may be liable for medical malpractice.
Challenges in Hospital Infection Cases
Hospital infection cases can be challenging to prove, primarily because infections can occur for various reasons, and not all infections are caused by negligence. In many cases, patients may already have weakened immune systems, making them more susceptible to infections.
Additionally, hospitals may argue that they followed the proper protocols, and the infection was an unavoidable complication of the patient’s medical condition or procedure. As a result, expert medical testimony is often required to establish that the hospital’s actions (or inactions) fell below the standard of care.
Compensation for Hospital Infections
Patients who contract infections due to hospital negligence may be entitled to compensation for their damages, including:
- Medical Expenses: This includes the cost of treating the infection, any additional surgeries or treatments required, and future medical care.
- Lost Wages: If the infection results in extended hospital stays or prevents the patient from returning to work, they may be entitled to compensation for lost wages.
- Pain and Suffering: Infections can cause significant physical pain and emotional distress, for which patients may seek compensation.
- Wrongful Death: In cases where a hospital infection leads to the death of a patient, the patient’s family may file a wrongful death claim to recover compensation for funeral expenses, loss of companionship, and other damages.
Contact The Villari Law Firm
While not all hospital infections result from negligence, healthcare facilities have a responsibility to maintain sterile environments and follow strict protocols to prevent the spread of infections. When hospitals fail to meet this duty, patients have the right to pursue legal action and seek compensation for their injuries. If you or a loved one has contracted an infection during a hospital stay, it is essential to consult with an experienced medical malpractice attorney who can help determine if negligence played a role and guide you through the legal process.
If you’ve suffered from a hospital-acquired infection, The Villari Law Firm can help. Our experienced attorneys understand the complexities of medical malpractice cases and will work diligently to hold negligent hospitals accountable. Contact us today for a free consultation to discuss your case and explore your legal options.
Sources:
hhs.gov/oidp/topics/health-care-associated-infections/index.html
my.clevelandclinic.org/health/diseases/16397-avoiding-healthcare-associated-infections-hais
