Hospital-acquired infections, also called healthcare-associated infections, are significant causes of illness and death in medical facilities. A hospital-acquired infection occurs when the patient contracts an infection after entering a facility for treatment for another condition. While some infections are unavoidable, you can seek compensation for hospital-acquired infections that result from negligence.
Your actions after developing an infection could determine whether your medical malpractice attorney can recover compensation. Seven common mistakes when pursuing compensation for these infections include the following:
1. Failing to Document Symptoms or Infections
Hospital-acquired infections affect one out of 31 hospital patients. Infections are so common that many patients might believe that their post-hospitalization infection is a natural and expected result.
The most common types of hospital-acquired infections include:
- Bloodstream infection
- Pneumonia
- Urinary tract infection
- Surgical site infection
Hospitals are not responsible for all patient infections. For example, if another patient sneezes on you in a waiting room, you probably cannot blame the hospital.
However, you should not assume that your infection falls into this category. A facility’s sanitation practices can contribute to infection risk. For example, dirty equipment, poor hand-washing hygiene, and delays in helping patients to the toilet can cause infections.
When you experience an infection, you should document your symptoms and when you experienced them. Most hospital-acquired infections manifest within 48 hours of admission.
Report to your doctor any pain, fever, lethargy, or other infection symptoms you experience within two days after your admission so your symptoms get recorded in your medical records.
2. Delaying Medical Treatment
Medical treatment is essential to control infections. Without some kind of medical support, you risk a runaway infection response called sepsis. Sepsis happens when the body reacts to an untreated infection with overwhelming force, attacking both healthy tissue and the virus, bacteria, or fungi that is causing the infection.
In addition to the health risks, delaying medical treatment increases your legal risks. Under Ohio law, the compensation you can recover from a healthcare facility decreases in proportion to your share of the blame. For example, if delaying medical treatment worsens your condition by 20%, the healthcare facility will only pay 80% of your losses.
3. Overlooking the Value of Expert Testimony
Expert witnesses are allowed to give opinion testimony based on their education and experience. In many cases, the expert helps the judge or jury understand how an infection happened. They can also explain medical standards and how the procedures used by the at-fault party were unreasonably deficient.
An expert can often provide the necessary link between the infection and the medical provider’s actions.
4. Forgetting the Statute of Limitations
The statute of limitations for medical malpractice cases in Ohio is somewhat complicated. More importantly, the timeframe is very short at just one year. Thus, injured patients must act quickly to start the claim process so they can reduce the risk of a dismissal.
5. Settling Too Quickly
Many injured patients file malpractice claims out of necessity. Their infections required additional treatment and unnecessarily extended their hospital stays. In some cases, patients die from septic shock, leaving their families facing uncertain futures.
Malpractice insurers know the financial pressures you face. They may offer low medical malpractice or wrongful death settlements to gauge your desperation. However, these settlement offers are often negotiable, allowing your medical malpractice lawyer to reject the low offer and fight for more.
6. Underestimating Future Medical Expenses
You are entitled to seek compensation for economic and non-economic losses. Your economic losses encompass all the financial costs of your infection, including lost wages and medical bills. Non-economic losses include the impact of your injuries on your quality of life.
Many underestimate their future medical expenses. As a result, they end up paying for some or all of the future treatment they need for complications related to their infection. If you hire an infection injury lawyer, they will likely retain an expert witness to analyze your case and determine all the future treatment you may need.
7. Choosing the Wrong Legal Representation
Every lawyer has a unique set of skills, knowledge, and experience. You should look for a lawyer with a record of successfully resolving medical malpractice cases. A lawyer who handles these types of cases will understand the issues you face and have contacts with expert witnesses who can back up your side of the story.
Frequently Asked Questions About Compensation for Hospital-Acquired Infections
Is a Hospital-Acquired Infection Malpractice?
Malpractice can cause a hospital-acquired infection. Medical malpractice happens when a healthcare provider fails to meet the professional standard of care. When doctors, hospitals, and other medical professionals provide unsanitary care, they are legally liable for the resulting infection.
Who Is Responsible for Hospital-Acquired Infections?
The party responsible for hospital-acquired infections will depend on how the infection happened and who caused it. If a hospital employee negligently caused an infection, Ohio law holds the employer liable. Doctors who only act as contractors or have admitting privileges will be liable for their own acts.
Do Hospitals Pay for Hospital-Acquired Infections?
Hospitals and doctors carry liability insurance to cover the losses incurred by those harmed by their negligence. When a hospital loses or settles a case involving an infection, its liability insurer pays the injured patient. However, the patient must prove the hospital or its employees negligently harmed them.
Contact Our Hospital-Acquired Infection Lawyers Today
Mistakes in a medical malpractice claim can cost you dearly. Insurers and their lawyers often pounce on your errors, which can cost you some or all of your compensation for hospital-acquired infections. Contact The Moore Law Firm for a free consultation to learn how we guide you through your claim.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.