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Can I file a lawsuit for death from hospital acquired infection?
My husband died in the hospital during his recovery from a surgical procedure. The death was due to an infection that he got FROM THE HOSPITAL. Do I have any legal options for filing a lawsuit against the hospital for his wrongful death? Can the hospital be responsible for the infection that caused his wrongful death?
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Answers (1)
Nosocomial, or hospital acquired infections are a fact of life in hospitals, surgical clinics and emergency rooms across the country. There are several factors that contribute to HAI, ranging from the overall cleanliness of the hospital, to the care with which a surgeon performs invasive operations. While medical staff can take steps to minimize the chance of a patient getting a nosocomial infection, it cannot be avoided all together.
That being said, if the hospital staff fails to treat the infection in time, and allows it to escalate to the point of sepsis and septic shock, they may be liable for the resulting injury or death of the patient. Often times an infection will go untreated for too long for a variety of reason, usually a failure to monitor the patient sufficiently. Finding the exact reason an infection was allowed to spread, and whether it constitutes an act of medical negligence requires having an expert medical witness examine the details of the case, and determine the exact cause and any deviation from accepted medical standards.
You should talk to a medical malpractice lawyer about your case to find out if you have a good case. You should be able to get a free consultation, where you can get qualified legal advice.
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Posted by Staff Writer on 21 Jan 2010