Can I Sue For A Hospital-Acquired Infection?

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If you or a loved one has recently suffered due to an infection acquired while hospitalized, it may be worth your time to discuss your circumstances with an attorney who is experienced in matters of medical negligence. Depending upon the nature of the circumstances that led to your infection – and how being ill affected your life – you may be entitled to significant compensation at this time.

When Are Hospital-Acquired Infections Legally Actionable?

As experienced hospital accident lawyers – including those who practice at Cohen & Cohen – can confirm, some hospital-acquired infections are legally actionable while others are not. It can be difficult to distinguish between the two, so it is best to avoid making assumptions about the strength or weakness of your case until an attorney has evaluated it thoroughly and objectively.

Generally speaking, a hospital-acquired infection is only legally actionable if a patient’s illness occurred due to substandard medical care. For example, if a nurse treating an immuno-compromised patient repeatedly failed to sanitize their hands before handling the patient’s medications, etc., this could serve as evidence of substandard care.

Substandard care is a fluid concept because it often shifts based on circumstance. Essentially, a proper standard of professional medical care is measured against what other, reasonably competent medical providers would do in a situation, if they were facing similar circumstances. In the example noted above, it is certain that proper sanitizing of one’s hands before interacting with an immuno-compromised patient would be considered a proper standard of care within the nursing profession.

In the case of a hospital-acquired infection, a successful case would likely need to prove that an established patient was owed a legal duty of care by the provider named as a defendant in the lawsuit. It would then need to be proven that the medical professional provided substandard patient care and caused the patient to acquire the infection in question. Finally, it would need to be established that the affected patient suffered losses (medical bills, pain and suffering, lost wages, etc.) as a result of the infection before damages would be awarded.

Connect with an Experienced Medical Negligence Lawyer to Learn More

Although not all hospital-acquired infections are legally actionable – and those that are can be difficult to prove – if you have strong grounds upon which to file legal action, pursuing justice may benefit you significantly. If you incurred significant medical expenses, missed a great deal of work during recovery, and experienced pain and suffering due to your infection, holding negligent or reckless healthcare providers accountable for your harm may be well-worth your time and energy.

If you’re unsure of whether your infection is legally-actionable, that’s okay. Connect with an attorney who can uncover the truth and objectively advise you in re: your rights and options under the law. Even if you don’t end up pursuing legal action, the simple effort of clarifying your situation with an attorney in a risk-free setting can bring you peace of mind and keep you from wondering “What if?” well into the future.

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L Proctor
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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
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June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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