Hospital-acquired infections, or health care-associated infections (HAIs), refer to infections that develop during the course of receiving treatment for an unrelated medical condition. Patients who are already medically vulnerable are often most at risk, including those recovering from surgery, managing serious illness or weakened by a compromised immune system.
If you or a loved one develops an infection during a hospital stay, you may have grounds to pursue a claim against the health care facility, and it’s important to understand your rights.
The line between accepted medical risks and negligence
Not every hospital-acquired infection is the result of negligence. Many medical procedures carry an inherent risk of infection, even when performed appropriately and with proper precautions. The key question is whether the care provided was consistent with accepted medical standards under similar circumstances.
Health care providers are legally obligated to take reasonable steps to prevent avoidable harm to their patients. As such, a health care facility may be liable for an infection that stems from a failure to follow proper infection-control measures, such as the use of contaminated surgical instruments, improper wound management, failure to maintain sterile conditions or lapses in basic hygiene practices like handwashing.
What you need to prove
Holding a negligent health care provider accountable after a HAI requires more than showing you got an infection after a hospital stay. You’ll need to establish that the health care provider owed you a duty of care that they breached, leading to the infection and resulting harm. In most cases, it’s easier said than done.
These claims are legally and technically complex, often requiring careful analysis of medical records, safety protocols and the specific circumstances surrounding your care. Reaching out for early professional guidance can go a long way in building a strong case and protecting your rights as a victim of medical negligence.