Every day, one in every 31 people in hospitals throughout the country suffers a healthcare-associated infection. Hospital-acquired infections can occur at any point while you’re receiving care, and they can range from mild to life-threatening. Unfortunately, many of these infections are the result of medical negligence.
If you’ve suffered one of these infections in Ohio, filing a medical malpractice claim can allow you to receive the compensation you deserve. But what does the process involve? Take a closer look at how hospital-acquired infections happen and what you can expect from the process of filing a claim for one.
What Is a Hospital-Acquired Infection?
Hospital-acquired infections are infections that you catch while receiving care or while recovering from procedures in a hospital setting. Some of the most common types of hospital-acquired infections include:
- Catheter-associated urinary tract infections
- MRSA
- C. diff infections
- Surgical site infections
- Central-line associated bloodstream infections
- Ventilator-associated pneumonia
Most of these infections are avoidable. To be considered hospital-acquired, the illness must begin within 48 hours of being in the facility, within three days of being discharged from it, or within 30 days of a surgery.
Common Causes of Hospital-Acquired Infections
These infections can be the result of exposure to viruses, bacteria, or fungi, all of which can be transmitted via droplets, physical contact, or air. In some instances, you can also acquire them through infected hospital equipment, devices, and medications.
If hospital personnel don’t take proper steps to reduce the chances of cross-contamination by donning gloves, face masks, and gowns, or if they don’t follow all hygiene protocols, they can cause these health issues. Medical instruments and rooms where procedures take place need to be kept sterile, as well.
Often, a lack of appropriate follow-up care can lead to the development of infections. Professionals who don’t perform regular bandage changes after a surgery, for example, or those who don’t properly maintain equipment like ventilators, can all cause infections.
Who May Be Liable for a Hospital-Acquired Infection?
Proving who’s liable for a hospital-acquired infection requires investigating how the problem occurred. Doctors, nurses, and other hospital staff can be liable if they behave in a way that another professional in their positions wouldn’t have.
Unless the doctor or nurse worked as a private contractor, it can also be possible to hold the hospital liable. This is due to vicarious liability.
Proving Negligence in an Ohio Hospital Infection Case
To prove that negligence caused a hospital infection or other type of medical malpractice, it’s necessary to first establish that a duty of care existed between the patient and professional and that the latter’s conduct breached that duty.
Medical professionals must provide care that meets a standard. If they do anything to compromise that, such as not wearing masks during surgery or not sterilizing tools correctly, they can be held responsible for the losses patients suffer.
It’s also essential to prove a connection between these negligent actions and the patient’s infection and that the patient suffered serious losses, such as prolonged hospital stays, because of them.
Types of Compensation Available for Victims
In medical malpractice cases, victims can receive both economic and non-economic damages. Economic damages cover financial losses you sustained, including medical expenses that were the direct result of the negligence.
For instance, if you had to stay in the hospital for a longer period or if you needed rehabilitative sessions, economic damages can cover those expenses. Future medical needs can also be included.
Often, hospital-acquired infections are severe enough to keep you from returning to your regular life, including work. That means not receiving the income you need.
Economic damages also compensate you for the salaries, commissions, and bonuses you would have received if the injury hadn’t occurred. If the infection is catastrophic and leaves you unable to work, you can also claim loss of earning potential.
Keep in mind that the pain and suffering you experience can also be addressed. Non-economic damages serve as compensation for loss of enjoyment of life and the distress you’ve experienced.
How a Skilled Medical Malpractice Lawyer Can Help
A medical malpractice lawyer is invaluable when dealing with hospital-acquired infections. For example, an attorney will have the necessary contacts in the medical community who can provide testimonies to show malpractice occurred, making filing the claim easier.
These are very complex cases. You can be sure the hospital’s legal team will do everything they can to discredit your claim and get you to accept a lower offer than you deserve. A medical malpractice attorney can aggressively fight for your rights, and if they feel that the defendant is still not cooperating, they can choose to take the case to court.
FAQ
What Is the First Thing I Should Do if I Develop a Hospital-Acquired Infection?
Receiving medical care as quickly as possible is critical. If you’re still in the hospital, notify your care team of any new symptoms, and if you’re back at home already, speak with your doctor to see what your next steps should be.
How Long Do I Have to Present a Medical Malpractice Lawsuit in Ohio?
In Ohio, you typically have one year to file a medical malpractice lawsuit. The countdown starts on the day that you suffer the injury.
Do I Need an Affidavit of Merit to Start a Medical Malpractice Claim?
Yes. In Ohio, all plaintiffs who’d like to file a claim involving medical malpractice must have an affidavit of merit. This document means that the claim is valid.
Contact a Trusted Medical Malpractice Lawyer Today
If you have developed a hospital-acquired infection because of a medical professional’s negligence, the seasoned team at The Moore Law Firm can help. Our Ohio medical malpractice lawyers have the extensive resources and in-depth knowledge you need to go against large hospitals and insurance companies.
Contact us to schedule a free consultation with a Cincinnati lawyer today.
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.