Is a nosocomial infection grounds for a malpractice lawsuit?


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Question:

My 9-year-old daughter was recently released from the hospital after what was supposedly an uneventful tonsillectomy. Three days after her release, she had to be rushed back to the hospital from complications from a staph infection that I am sure she picked up from the hospital. Can I bring a medical malpractice suit against the hospital for the ensuing costs to treat this infection?

Answer:

What you describe may be a nosocomial infection, also known as a hospital-acquired infection.  Some cases of nosocomial infections may occur when hospital staff members are lax about basic hygiene, such as washing their hands after using the bathroom or sterilizing equipment between patients.  

Nosocomial infections can lead to severe pneumonia, blood poisoning and infections of the urinary tract. Hospitals are responsible for assuring that their staff doctors and nurses take precautions to minimize the chance of passing an infection to patients.

This is especially necessary in cases where patients have susceptible immune systems, such as young children.  If your daughter has indeed contracted an infection from her hospital stay, you may have a medical malpractice claim. However, you must show that the hospital is liable through the negligence of its staff.

Consult a medical malpractice attorney who can help you determine liability and establish a claim.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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