Filing a Malpractice Lawsuit for Hospital Acquired Infection

Hospital acquired infections are not uncommon, but when treated quickly and appropriately are not dangerous to the patient. However, in cases where a patient acquires an infection and goes untreated for too long, sepsis and septic shock can result in serious injury and even death. In order to prevent infection, hospitals and medical clinics must operate under, and adhere to, very stringent hygienic codes and laws. In cases where a hospital acquired infection goes untreated and causes injury, or worse, death, a patient or their family members may choose to pursue a medical malpractice lawsuit in order to recover some monetary compensation for all their damages.

Malpractice and Hospital Acquired Infections

1. Overview of Hospital Acquired Infection
2. How an Infection May be Transferred to a Patient
3. Symptoms of Sepsis and Potential Injury
4. Hospital Liability for Injury and Damages
   
5. Filing a Medical Malpractice Lawsuit for HAI and Sepsis

Hospital Acquired Infection

Hospital acquired infection (HAI) is defined as an infection occurring in a hospital patient that is not associated with the patients admitted diagnosis. In terms of time frames, if an infection occurs 48 hours after hospital admittance, it is likely a HAI. Given the wide array of bacteria found in a hospital or other clinical setting, combined with an often diminished immune capacity of a hospital patient, the likelihood of acquiring an infection is increased in a hospital setting.

How an Infection is Acquired

An infection is generally acquired in a hospital in three ways, defined as three different risk factors:

Patient Risk Factors

Patient risk factors include the duration of stay in a clinical setting, the severity of the illness or injury for which the patient was admitted and the level or capacity of their immune system during their visit.

Organizational Risk Factors

These include the cleanliness of the hospital setting in general, including the filtration of the HVAC system, concentration of patient beds, cleanliness of water systems, cleanliness of building surfaces and medical devices, etc.

Iatrogenic Risk Factors

iatrogenic risk factors include the care with which the hospital staff, nurses and doctors perform. Including frequency with which hands are washed, use of antibiotics, and especially care used during invasive procedures such as intravenous administration of medication, intubation and urine catheterization.

Symptoms and Dangers of Sepsis

The symptoms of sepsis stemming from an acquired infection are general, body-wide inflammation, elevated heart rate, elevated respiratory rate, fever and elevated white blood cell count, also referred to as leukocytosis.

If an infection goes untreated and is allowed to escalate into sepsis, the potential for serious injury is substantial. Sepsis can lead to severe injury and damage to internal organs, and potentially death. Mortality rates for sepsis range from 20% to 40%, and is one of the major causes of death in emergency room and intensive care units.

Hospital Liability for Sepsis or Septic Shock Injury or Death

Determining liability or injuries or death resulting from HAI and sepsis is very difficult, and requires an investigation into the specific circumstances of how the infection was acquired, why it was not promptly treated and whether it could or should have been prevented.

Filing a Malpractice Lawsuit for Hospital Acquired Infection and Sepsis

In order to file a lawsuit for damages resulting from HAI and sepsis, the hospital liability will have to be established and negligence of a doctor, nurse or other hospital staff must be proven. in order to do so, an experienced medical malpractice lawyer will have expert witness (a neutral third party medical doctor) examine the results of the investigation and determine if the required standard or medical care was used. If it is found that the infection was preventable, and occurred to to the negligence of a medical professional, then a lawsuit may be filed to compensate the patient for all damages.

In cases where a patient died due to a HAI, sepsis or septic shock then their family members have the right to pursue a medical malpractice lawsuit for the wrongful death of their loved one.