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Can I Sue For A Hospital-Acquired Infection?

Date15 Jul 2022

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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