Patients who've suffered from a serious infection owing to poor medical care often wonder, "Can I sue my doctor?"
The answer is yes--if the doctor committed malpractice.
What is Malpractice?
Malpractice is essentially medical negligence. It is when a medical care provider, such as a doctor, does not demonstrate the appropriate level of medical care; the provider does not deliver care that is up to medically accepted standards. If someone is injured by a care giver's negligence or failure to deliver acceptable care, that person can sue for malpractice.
The important thing to remember is that there must be fault. Sometimes, a doctor does everything right and the patient still is injured in some way by medical care. If the doctor lived up to all accepted medical standards and provided adequate care, then it is not likely that he or she will be liable.
Malpractice and Infections
It's important to note that malpractice can arise from acts of omission as well as from acts of commission--that is, it can arise from what a doctor fails to do as well as from what he or she does. So if a doctor fails to adequately sterilize hands, instruments, furniture, or an examination room, or fails to use antiseptics when appropriate, that could easily be the basis for a malpractice claim. There are standards for avoiding the spread of infection; if a doctor does not follow them, he or she may be liable for any resulting injuries.
What Can Someone Who Received an Infection Sue For?
First, if additional medical costs are incurred in fighting an infection--such as ER or doctors' visits, or the cost of prescription antibiotics--those are costs that could be recovered. Any lost wages, because the patient could not work, could be sued for, as well as the value of any trips, vacations, etc. which the patient had to cancel. If there was significant pain and suffering or any lasting disability or disfigurement, that are also elements for which compensation is available.
How an Attorney Can Help
An experienced attorney can help a patient understand if in their case, under the cirucumstances of the infection, there is a viable claim for malpractice. The attorney can also help the patient understand what the case might be worth (how much compensation the patient could likely recover) and also how much it would cost to pursue. That will let a patient make an informed decision as to whether to sue the doctor or not.
