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Can a surgeon be held liable if the patient gets an infection?

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Question:

I entered the hospital for what was expected to be routine surgery to remove an unknown growth in my left breast.  Following the surgical procedure, I was relieved to be informed that the growth was deemed benign, however, shortly after the surgical procedure, the surgical site became infected while I was still at the hospital.  After learning more about the infection and how the doctors were treating it, I believe I was a victim of a hospital acquired infection.  The infection became worse, caused me to stay in the hospital for several days extra, and caused untold extra and unplanned medical expenses.  Would it be possible for me to recover these extra costs because the infection was acquired while under the care of healthcare professionals at the hospital?

Answer:

Unfortunately, hospital acquired infections is one of the leading causes of death of patients while under institutionalized care.  While you did not state the specific nature of your infection, common hospital acquired infections such as pneumonia, influenza, septicemia, and cerebrovascular disease, actually kill more than 100,00 to 270,000 patients annually.  Moreover, another estimated two (2) million acquire some form of infection while under hospital care, which requires further medical intervention.

As a patient, acquiring further medical complications under doctor and hospital care is understandably outrageous.  Given the weakened state of most patients following a procedure, the body is extremely susceptible to infections, and the medical community is well aware of the precautions they must take in order to prevent further medical issues.  However, this does not always occur, as seen in your personal case.  Filing a suit against negligent hospitals, including attending physicians and nurses, is a feasible means of recovering damages stemming from a hospital-acquired infection.  These damage claims will include requests for compensation related to further medical expenses, continued healthcare and hospital stays, lost income stemming from illness, and other considerations dependant on the specifics of your case.

Consulting with legal counsel is the first step in initiating any form of claim against a healthcare provider.  Filing suits against healthcare companies and professionals is an arduous task, which requires an extensive discovery period in most cases, which an attorney is apt to handle for their clients.  It should also be noted that there are statute of limitations periods for filing suits regarding medical malpractice, which should only further bolster a patient’s resolve to contact an attorney as soon as possible.  For more information and advice specific to your potential legal claims case, consult with an attorney in the very near future.

Talk to a Medical Malpractice Lawyer about your legal options and to find out what you can do to be compensated for the injury.

References:

Posted by Greg Cohoat on 27 Apr 2010

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