Hospital acquired infections, also known as nosocomial infections, are a serious concern for patients and their families. These infections are acquired during a hospital stay and can result in prolonged illness, additional medical expenses, and even death.
Let’s explore the legal aspects of hospital-acquired infections and whether patients have grounds to pursue legal action. Understanding medical negligence cases and the process of filing a claim can help you prepare if you or a loved one has been the victim of medical malpractice.
What are Hospital Acquired Infections?
Hospital-acquired infections, or nosocomial infections, are any infections contracted in a hospital setting. These can include bacteria, fungi, and viral infections and can be spread through contact with contaminated surfaces, objects, or medical devices. Some of the most common hospital-acquired infections include staphylococcus aureus (MRSA), urinary tract infections, Clostridium difficile (C. diff), and sepsis.
These infections can occur due to various reasons, including inadequate cleaning procedures in the hospital or using medical devices that have not been properly sterilized. Additionally, some patients may be more susceptible to these types of infections due to pre-existing conditions or weakened immune systems.
Is the Hospital Liable for Hospital Acquired Infections?
When it comes to holding hospitals responsible for hospital-acquired infections, the answers are not always clear-cut. To establish that medical negligence occurred, you will need to prove that the hospital did something wrong, which resulted in your injury or infection.
For example, if a hospital failed to take proper cleaning and sterilization measures, leading to the spread of an infection, then they may be held liable for your injury. Additionally, if a medical device was not properly sterilized and caused an infection, the hospital could be held responsible in a medical negligence case.
Additionally, if a medical professional fails to diagnose your infection or fails to treat it in a timely manner, resulting in the infection spreading or getting worse, you could have grounds for a medical negligence lawsuit.
How Can I Protect Myself from Hospital-Acquired Infections?
The best way to protect yourself from hospital-acquired infections is to be an informed patient. Ask questions and make sure that the hospital is taking proper safety measures, such as sterilizing medical equipment and cleaning surfaces regularly. Additionally, if you notice any signs of infection, make sure to alert your doctor or nurse immediately so they can take steps to treat it appropriately.
You should also be aware of your rights as a patient and familiarize yourself with the hospital’s policies. This will help ensure you receive the best possible care while protecting yourself from any potential medical negligence cases.
The Role of Legal Representation in Compensation Claims
When pursuing a compensation claim, having competent legal representation is crucial. An experienced lawyer can navigate the complex legal terrain of medical negligence cases, ensuring you understand your rights and the best course of action.
A skilled attorney will effectively gather and present evidence, negotiate with the opposing party and represent you in court if the case goes to trial. They can assess the viability of your claim, saving you valuable time and resources. Remember, choosing the right legal representation can make all the difference between a successful claim and an unsuccessful one.
How Can I File a Medical Negligence Claim?
If you believe that you or a loved one has been injured due to hospital acquired infections or medical negligence, here are the steps you can take:
Contact a Medical Malpractice Attorney
The first step is to contact an attorney who specializes in medical negligence and malpractice cases. They can review your case and determine if you have a valid claim. They can also advise you on the best course of action and explain the legal process for filing a medical negligence lawsuit.
To build a strong case, it’s important to collect evidence proving that medical negligence occurred. This includes any written documentation from the hospital regarding the infection, records, and reports from medical professionals, and other relevant evidence of negligence.
File a Claim
Once you have gathered all the necessary evidence, your attorney will file a formal claim with the hospital or doctor’s office. This is an important step that will put the hospital on notice of your lawsuit and give them an opportunity to respond.
Negotiate a Settlement
Your attorney will then work with the hospital or doctor’s office to negotiate a settlement. This includes discussing your current medical expenses, future medical expenses, and any other damages you may be entitled to as part of the settlement.
Hospital-acquired infections are a serious concern for patients and their families. If you or a loved one has been injured due to medical negligence, understanding the legal implications of these infections is essential to ensure you receive appropriate compensation.
We at Join Class Actions and Siri & Glimstad LLP are committed to providing you with the right resources so that your loved one is adequately taken care of. If you or a loved one was a victim of medical malpractice, feel free to connect with Jen Malainy now by filling out this form: Join Class Actions: Medical Malpractice – All States. Jen Malainy has extensive medical and legal education and experience and has worked within the world-renowned hospital, Cleveland Clinic Foundation (CCF). She is available 24/7 at 440-381-0338.
We understand that most families are unaware of the legal process and don’t know who to turn to, so we are here for you whenever you need us. Contact us today and let us help you fight for justice and payment following a medication error.