Infections
Patients trust healthcare providers to follow strict safety protocols to minimize the risk of infection. However, when those protocols are ignored, the consequences can be devastating. Infection malpractice occurs when a healthcare provider’s negligence causes a preventable infection. While not all infections are avoidable, many arise because of lapses in hygiene, improper use of medical equipment, or failure to diagnose and treat an infection promptly.
When Is an Infection Considered Medical Malpractice?
Not all infections are the result of negligence. For a case to qualify as Infection Malpractice, the following elements must typically be proven:
- Duty of Care: The healthcare provider was responsible for following standard medical practices to prevent infection.
- Breach of Duty: The provider failed to meet the standard of care, such as neglecting sterilization protocols or ignoring symptoms of infection.
- Causation: The breach directly caused the infection or worsened the patient’s condition.
- Damages: The patient suffered harm, such as additional medical expenses, lost wages, or pain and suffering, as a result of the provider’s negligence.
Common Types of Infections from Medical Malpractice
Certain infections are more likely to occur in medical settings due to negligence or improper protocols:
1. Hospital-Acquired Infections (HAIs)
Hospital-acquired infections develop during a patient’s stay in a healthcare facility. These infections are often resistant to antibiotics, making them particularly dangerous. Examples include:
- Methicillin-Resistant Staphylococcus Aureus (MRSA)
- Clostridium Difficile (C. diff)
- Vancomycin-Resistant Enterococci (VRE)
2. Surgical Site Infections
Surgical procedures require strict sterilization protocols. Surgical site infections can develop when these protocols are not followed, leading to complications and additional surgeries.
3. Sepsis
Sepsis is a severe infection that can lead to organ failure and death if not treated promptly. It often occurs when a localized infection spreads throughout the body.
4. Infections from Medical Devices
Medical devices such as catheters, ventilators, and IV lines must be used and maintained properly to avoid introducing bacteria into the body. Improper handling can result in life-threatening infections.
How Does Infection Malpractice Occur?
Infection from medical malpractice typically results from preventable mistakes, including:
- Lapses in Hygiene: Failure to sanitize equipment, wash hands, or maintain clean facilities can spread dangerous bacteria.
- Improper Use of Medical Devices: Misusing or failing to maintain sterile medical tools, such as syringes, catheters, or surgical instruments, increases infection risk.
- Failure to Diagnose or Treat Infections: Delayed or incorrect treatment of an infection can result in complications or worsening conditions.
- Inadequate Monitoring: Patients recovering from surgery or other procedures require close monitoring for signs of infection. Neglecting this can escalate an infection.
Legal Recourse for Infection Malpractice
If you’ve suffered an infection from medical malpractice, pursuing a legal claim can help you recover compensation and hold the responsible parties accountable. An infection malpractice lawyer can assist with the following:
1. Gathering Evidence
Your lawyer will collect medical records, witness statements, and expert opinions to establish negligence.
2. Proving Negligence
An experienced attorney will demonstrate how the healthcare provider’s actions deviated from the accepted standard of care and led to the infection.
3. Calculating Damages
Infection malpractice often leads to significant financial and emotional burdens. Your lawyer will help you receive compensation for medical expenses, lost wages, pain and suffering, and other damages.
4. Negotiating or Litigating Your Case
Many medical malpractice claims are settled outside of court. However, if a fair settlement cannot be reached, your lawyer will represent you in court to seek justice.
Types of Compensation You May Be Entitled To
Victims of infection malpractice may be eligible for various forms of compensation, including:
- Medical Expenses: Covering the cost of treatments, medications, surgeries, and hospital stays related to the infection.
- Lost Wages and Earning Potential: Compensating for time away from work and any future income loss due to long-term health issues.
- Pain and Suffering: Addressing the physical and emotional toll of the infection.
- Punitive Damages: In cases of extreme negligence, additional damages may be awarded to punish the healthcare provider and deter future misconduct.
Why Choose Legal Help in Colorado?
Our team is committed to helping victims of medical negligence, including those harmed by infections in healthcare settings. Our skilled infection malpractice lawyers understand the complexities of these cases and will fight tirelessly to secure justice on your behalf.
What We Offer:
Free Case Evaluations: Learn about your legal options at no cost.
Comprehensive Case Review: We’ll gather evidence, consult with medical experts, and build a strong case.
Contingency-Based Representation: You don’t pay unless we win your case.
Knowledgeable. Compassionate. Dedicated.
We are your personal injury team.
Available 24/7 to take your call: (720) 743-3682