Can You Sue the Hospital for Getting an Infection?

Have you developed an infection after being hospitalized? When infections develop rapidly after inpatient or outpatient care, it may be evidence of neglect, medical mistakes, or improper care. Under some circumstances, you can successfully sue for what you’ve suffered if you file within the strict Washington State deadlines.

Post-care infections are unfortunately not rare. Hospital-acquired infection (HAI) is a very common problem for hospitalized patients. According to the Centers for Disease Control and Prevention, one out of 20 patients who receive care in a hospital ends up with hospital infections, and 10,000 people die from their infections every year.

There is an understanding that patients take on a certain level of risk from exposure to bacteria when receiving care in a hospital or from hospital staff. If your HAI was caused by unreasonably unsanitary hospital conditions or negligent medical care, and resulted in serious injuries, then a medical lawsuit may be a viable option to recover damages.

In this short guide, you’ll learn more about the causes of hospital infections and what kinds of sources cause them. Next, you’ll also learn what type of lawsuits can be brought and what specific actions can make a hospital, doctor, or staff member liable. Finally, you’ll learn how to file a claim with a lawyer’s help.

Common Types of Hospital-Acquired Infections

You may be surprised to learn how many possible sources of infection exist in a hospital. Infections from contaminated medical devices such as ventilators and catheters are the most common type of hospital infection, accounting for about two-thirds of all HAIs, but there are many more, including:

Ventilator Infections

Breathing tubes on ventilators must be inserted deep into the throat. If not properly sterilized, they can blast dangerous bacteria directly into the least protected areas of the lungs, which can cause ventilator-associated pneumonia and other serious infections.  

Hospital patients who are on ventilators are often already at high risk of pneumonia and other respiratory infections due to their weakened immune systems. They have little protection when medical negligence by hospital staff exposes them to bacteria.  

Catheter Infections

Catheter sites are also frequent sites of infection. These devices pass through the urethra and into the bladder. These parts of the body are usually sterile, so that they can be easily threatened by bacteria.

Catheter-associated urinary tract infections are among the most common kinds of infections that appear around catheter sites. These injuries can be incredibly painful and result in more serious conditions.

Surgical Site Infections

Surgical procedures performed without proper sterilization can result in different types of infections depending on the location and the type of neglect involved. Bloodstream infections can result from mistakes as simple as the medical staff not washing their hands properly. The surgical wound can also develop infections later on if it is not sealed and dressed properly in the hospital setting. 

Other Types of Infections

Other types of infections can result from improper care in healthcare facilities; central line infections, staph infections, viruses, and fungal infections have been involved in past claims. 

If left untreated, any of these types of hospital infections can lead to sepsis. Sepsis is a life-threatening complication of an infection; it is a poisoning of the blood that must be treated as a medical emergency. Over one million people are hospitalized in the United States for sepsis each year, and it is in the top 10 diseases that lead to mortality in the United States.

When is a Hospital Liable for a Hospital-Acquired Infection?

A hospital may be liable for an infection when it can be shown that they did not properly follow their own rules (or medically accepted standards) for preventing infections. These rules are usually written down for all staff to learn as hospital protocols.   

Hospitals are generally required to have sanitation protocols in place to protect patients as much as possible from germs and bacteria. This work requires constant diligence by all healthcare providers in the facility, and is part of how healthcare professionals practice a “duty of care” toward their patients. 

Protocols often apply to any area where infections might be sourced. For example, they may cover how to keep a surgical incision clean, disinfect surgical tools, clean bedding, and more. These protocols have been developed over decades of testing and are considered essential to providing proper care. 

If it can be proved that a hospital or its staff failed to follow these protocols, either willfully or not, and that this negligence was the direct result of an HAI, the hospital may be liable for damages.

What types of lawsuits may be brought for a hospital infection?

Some common types of medical malpractice lawsuits for hospital infections include:

• Delayed diagnosis or treatment: When a dangerous infection begins inside the hospital, it may not always be diagnosed or treated in a timely manner. Staff shortages, poor priorities, and other problems can delay an important diagnosis. Delayed diagnosis can prevent you from getting the medication or treatment that you need to prevent more serious symptoms. The consequences of failing to spot infection can be deadly.
• Failure to diagnose or treat: In some cases, the neglect is more direct. A nurse or doctor may note the symptoms, but never follow up or act on them. This is a failure to diagnose or treat a patient, and it can easily result in serious injuries or wrongful death. Mistakes like these can result from poor hiring practices or high turnover, a problem many hospital systems face. 
• Failure to monitor patient symptoms properly: In some cases, infections can happen because the patient was never properly monitored for side effects in the first place. Patients are at high risk for infection after surgeries, so monitoring is essential to providing care. It may be considered neglect whenever hospitals fail to do so. 

Any of these forms of negligence can result in the fatal condition of sepsis or septic shock. Even those who survive their infections may face catastrophic medical debt, the end of their employment in their chosen careers, or permanent injuries. 

Is the Hospital Liable for my Infection if it was Diagnosed after I was Discharged? 

If you develop an infection within a week or two of being discharged from the hospital, you were likely exposed to bacteria in the hospital or received follow-up treatment during in-office care. 

If you are unsure whether the hospital’s negligence caused your infection, speaking to a medical malpractice lawyer should be your next step. They will gather and review your medical records to see if delayed diagnosis or negligent care were the cause of your infection.

Can I Sue for My Hospital-Acquired Infection?

Medical malpractice attorneys will only take on a case that meets your state’s high bar set by personal injury laws. You can get all questions about the viability of your case answered at a free consultation. No lawyer can promise your claim can succeed, but they can provide you with insight into how similar claims have been decided.  

The purpose of medical malpractice lawsuits is to compensate injured patients or their families who suffered pain, death, or permanent disability along with considerable financial and other losses as a result of negligent care. As a result, situations with unsatisfactory outcomes alone are generally not medical malpractice cases.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC, have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors, including birth injuries, hospital-acquired infections, and wrongful death in Seattle and across Washington State. 

There are no fees or expenses to file a personal injury case. In civil cases like these, lawyers typically collect payment on contingency. That means they only receive a payment if they recover damages on your behalf. 

Do not delay; personal injury claims have a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Discuss Your Case with an Experienced Medical Malpractice Lawyer in Seattle

You now understand more about when hospitals can be sued for infections. You or a loved one may have recently suffered from an infection that you picked up shortly after a hospital stay. If this is the case, you may be able to get help by contacting Seattle’s Medical Malpractice Firm. 

Medical malpractice lawyers like those found at our firm can help you make a medical malpractice claim. We can answer your questions, help you understand if your claim has a chance, and provide you with both investigative help and representation in Washington courts.

Get started by leaving some basic information on our hospital-acquired infection contact form. If we can help with your case, we’ll contact you back and help you schedule a free consultation. 

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.