No one heads to the hospital expecting to leave in worse shape than they arrived. Hospitals are places of healing, but unfortunately, they can also be places where patients are exposed to serious risks, including infections. These types of infections, known as hospital-acquired infections (HAIs), can lead to significant health complications and even prove fatal in severe cases.
Understanding your rights is key for those in San Antonio, TX, who’ve experienced a hospital-acquired infection. Who is responsible when a hospital stay results in a preventable infection? Can the hospital or its staff be held accountable? And what steps can you take to protect yourself? If these questions resonate with you, keep reading as we explore the ins and outs of HAIs, liability issues, and how a legal professional can help.
What Are Hospital-Acquired Infections?
Hospital-acquired infections are infections that develop during a patient’s stay in a medical facility and are not present at the time of admission. These infections are particularly concerning because hospitals, while intended to be sanitary environments, also house many sick individuals and invasive medical equipment. Combined with patients whose immune systems may already be compromised, this creates the perfect storm for HAIs.
Common Types of Hospital-Acquired Infections
Certain types of infections are more likely to occur in healthcare settings. Here are the most common culprits:
Surgical Site Infections (SSIs)
These occur at the site of a surgical incision. SSIs can range from mild red to severe infections impacting deeper tissues, organs, or implanted materials.
Catheter-Associated Urinary Tract Infections (CAUTIs)
Prolonged use of urinary catheters can lead to bacteria entering the urinary tract, resulting in an infection.
Ventilator-Associated Pneumonia (VAP)
Patients on ventilators are at high risk for respiratory infections like pneumonia due to bacteria being introduced into their lungs.
Bloodstream Infections (BSIs)
These are linked to intravenous lines or catheters, where bacteria or fungi can enter the bloodstream and cause sepsis, a life-threatening condition.
Clostridioides difficile (C. diff) Infections
This bacteria can cause severe diarrhea and is often triggered by the overuse of antibiotics, which disrupts the gut’s natural bacteria.
While not all HAIs are preventable, many result from lapses in hospital protocols, like poor hand hygiene or improper sterilization of equipment.
Who’s Liable for a Hospital-Acquired Infection?
Determining liability can be complex when it comes to hospital-acquired infections. Hospitals and healthcare providers owe patients a “duty of care.” They’re required to follow safety protocols and provide a safe environment. If they fail in this duty and harm results, they may be held legally responsible.
Factors That Determine Liability
To figure out if a hospital or healthcare provider is liable for your infection, several factors are typically considered:
Breach of Standard of Care
Would another medical provider in the same situation have taken more reasonable precautions to prevent your infection? If protocols like sterilizing equipment, hand hygiene, or proper use of antibiotics were not followed, this could indicate negligence.
Causation
It’s not enough to prove that negligence occurred. You also need to demonstrate that the negligence directly caused the infection. This can be a challenging step, especially in cases where a patient’s pre-existing conditions may have contributed to complications.
Record of Previous Issues
This strengthens your case if the hospital has a documented history of infection outbreaks or violations of health and safety standards.
Timely Diagnosis and Treatment
Once an infection begins, hospitals have a responsibility to identify and treat it promptly. A failure to do so can also be considered negligent.
How an Attorney Can Help
HAI cases are rarely straightforward, but a medical malpractice attorney can be your strongest ally. Here’s how they can assist:
Evaluating Your Case
An experienced attorney will review your medical records, the hospital’s infection rates, and the details of your care to identify areas where standards may have been violated.
Gathering Evidence
Building a solid case involves securing evidence like medical records, expert opinions, staff training practices, and documentation of hospital protocols.
Determining Accountability
Hospitals are organizations, but individual members of their staff (like nurses or surgeons) may also share responsibility. Your attorney will help identify all liable parties.
Negotiating or Litigating Your Claim
Whether reaching a settlement with the hospital’s insurance company or representing you in court, your lawyer ensures your best interests are at the forefront.
Beyond seeking compensation, pursuing legal action can hold healthcare providers accountable and encourage systemic improvements that reduce the risk of infections for others.
Protecting Yourself During Hospital Stays
While some aspects of your care are out of your control, there are proactive steps you can take to reduce your risk of infection during a hospital visit:
Ask About Infection Prevention Protocols
Don’t hesitate to inquire how the hospital handles sanitation, hand hygiene, and equipment sterilization.
Speak Up
If you notice medical staff skipping handwashing or cleaning protocols, say something. You have a right to be in a clean, safe environment.
Bring an Advocate
A family member or close friend can help monitor your care, especially when you feel too unwell to advocate for yourself.
Keep the Lines of Communication Open
Share all your symptoms and concerns with the medical team so they can accurately assess your risks and needs.
Follow Discharge Instructions Carefully
If you’re sent home after surgery or treatment, ensure you understand how to care for your wound or any medical devices properly. Poor aftercare can increase your risk of infection.
San Antonio Medical Malpractice Lawyers
Hospital-acquired infections present complex challenges for both patients and healthcare providers. Addressing these issues requires a concerted effort to adhere to established care standards, implement rigorous infection control measures, and embrace technological advancements. As a trusted partner in personal injury law, Maloney Law Group, P.L.L.C., understands the intricacies of these cases and stands ready to assist individuals seeking recourse for preventable HAIs. Operating in San Antonio, TX, we combine legal expertise with compassionate guidance, helping patients navigate their options and secure deserved compensation. Contact us today at (210) 361-2997 to learn more about how our services can empower you to pursue justice and uphold patient safety.