Post-Op Infection: Hospital Liability

Is a hospital liable for a post op infection? Yes, IF the infection was the result of the hospital's breach of the standard of care.

What is Malpractice?

Medical care providers--including hospitals--are liable for malpractice when they do not provide the expected level of medical care. Malpractice is medical negligence; the provider did not take as much care as the "reasonable doctor" should have, given then-prevailing medical standards. This medical negligence can manifest itself as either an act of ccommission, such as doing the wrong procedure or doing a procedure badly; or as an act of omission, such as failing to test or diagnose something that should have been tested or diagnosed. When a doctor, hospital, or other provider commits malpractice, they may be liable, or obligated to pay for resulting costs or injuries.

A key point is that the fact that medical care had an unsuccessful or unfortunate outcome does not, by itself, mean there was malpractice or liability. If the provider did everything right, they will rarely (if ever) be liable. The fact is, sometimes medical procedures or care is unsuccessful, and people do not get better or even get sicker, without it being anyone's fault.

Post-Op Infections

Post-op, or post-operative (i.e. after an operation) infections are fairly common. That's because:

• The surgery often leaves an incision or other route by which an infection can get in
• Hospitals have many different kinds of bacteria present in them--after all, there are a lot of sick people there!
• The surgery can tax the body, weakening the immune system

However, while common, they are not inevitable: good hygene, good sanitation, good post-op practices, and appropriate use of antibiotics and antiseptics can often either prevent infections entirely or at least knock them out quickly. (Of course, there are some very aggressive, very pernicious antibiotic-resistant bacteria in hospitals--which is a reason to not have surgery if there's an alternative.)

When There's Liability from a Post-Op Infection

The issue is, did the hospital do everything reasonable and expected to prevent an infection? This includes changing dressings appropriately, using disposable gloves when touching a patient, having good sanitary and hygenic practices, separating patients with potentially infectious bacteria from other patients, etc. If the hospital did everything it should, then even if a patient came down with a post-op infection, the hospital will probably not be liable. However, if the hospital's infection-control procedures failed or were not followed, then there is a very good chance the hospital will be liable.

How an Attorney Can Help

Evaluating whether there is or is not liability is not always easy for laypeople. An experienced attorney can help you understand if the hospital may have been negligent in your infection, and, if so, help you recover the compensation to which you are entitled.