Can I Sue a Hospital for Contracting an Infection While Hospitalized?

It is estimated that nearly 103,000 patients in hospitals die annually from hospital-acquired infections, with undoubtedly exponentially more suffering complications and other harm due to hospital infections. Although the risk of hospital infections is widely known by medical professionals, especially in light of already compromised physical health of patients seeking care in the first place, infections still occur at a staggering rate. For patients, the ability to sue a hospital following infection sustained during a hospital visit will vary.

Standard Care Required during Hospital Stays

As with any medical malpractice case, a patient must prove that his or her care was a breach of the duty of care owed to the patient by hospital staff members and by extension the hospital itself. In essence, this will require a patient to prove that a breach of the standard duty of care occurred or that negligence was committed. The standard of care in any given patient hospital visit will widely vary. Furthermore, the origin of the infection itself will prove difficult to pinpoint in certain cases, although certain forms of infections do directly implicate negligence as playing a role in the cause of damages. Having legal counsel, alongside expert witness testimony, will play a critical role in determining whether a given hospital infection actually stems from negligence.

Damages Sustained as the Result of Hospital Infections

Another critical element a patient must prove in order to sue a hospital is that he or she actually sustained damages as the result of the infection, as well as the aforementioned issues of negligence and proximate cause. Damages will widely vary and can range from relatively simple treatment to address the infection up to cases involving wrongful death. Any given claim will present a varied level of damages sustained by the patient. In order to decipher specifically what these damages are and could potential continue to be, at least in a legal sense, a patient will need to seek legal counsel.

Hospital Liability under Premises Liability Claims

Another tort action, under the premise of premises liability, may also be relevant to cases involving hospital-acquired infections. Patients will undoubtedly need to consult with a legal professional as to whether their claims case entails professional medical negligence, premises liability, or some form of hybrid case.

Getting Legal Help with Hospital Infections

A patient has a legal right to receive medical treatment and evaluations, as well as recuperate from medical treatments, in an environment that will not cause additional harm. If harmed by hospital infections, a given patient most likely will have legal options to file suit against liable parties, most likely a hospital facility itself. The only method to determine whether this is the case in any form of accurate manner is through consulting with a medical malpractice lawyer.