I took my husband to the emergency room after he had a fall at home and cut his head. The doctor put in sixteen stitches, and gave him some pain medicine. After a few days, he began to feel very ill, so we took him back to the hospital.
The hospital staff looked him over quickly and determined he had the flu, and sent us home. After about another 12 hours, he began to get violently ill, and again I took him to the emergency room. Again, they diagnosed him with the flu, but I asked them to double check because this didn't seem like the flu to me.
Another doctor came and looked at the area where the stitches had been, and he said that my husband has an infection and needs antibiotics through an IV. He mentioned that the infection had escalated into sepsis.
The doctors came and began working on him, and after six days he was released, but now his organs have been severely damaged and his immune system has been compromised. The doctors say he will have to come back to the hospital regularly over the next few weeks to treat the infection and make sure it doesn't cause more damage.
Since the infection originated from the wound that they treated, is the hospital at fault? Can we file a lawsuit against the hospital?
Answer:
Hospital acquired infection is a very serious, and potentially life threatening risk. The hospital can be held liable for any damages resulting from a hospital acquired infection if it can be shown that the medical staff was negligent in their duties, and that the medical negligence resulted in the infection.
Additionally, there may be medical negligence present in that your husband was turned away at an earlier time when the infection may have been easier to treat and had caused less damage.
If it is found that the medical staff was negligent in either the initial wound treatment which caused the infection, or the failure to treat the infection before it was allowed to escalate into sepsis, then you can file a medical malpractice lawsuit. The lawsuit will demand compensation for all damages(lost income, medical expenses, pain and suffering, etc.) incurred as a result of the negligent medical treatment.
Your best chance at a successful claim for damages and payment is to talk to a medical malpractice lawyer about your case. Only a professional attorney with experience in medical negligence cases can offer you legal advice regarding your options for a lawsuit.
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Posted by Staff Writer on 22 Feb 2010