To file a medical malpractice claim after contracting an infection in the hospital, you need to provide substantial proof that negligence contributed to the infection.
A court may consider cases where healthcare providers failed to diagnose an existing infection, or should have been aware of an infection but failed to act. Other cases involve poor sanitation or hygiene by hospital staff, like failing to wash hands or sterilize equipment. Other cases may involve contaminated surgical instruments that surgery staff used during an appendectomy.
For a solid medical malpractice claim, it is very important for you to show a clear association between negligent behavior by medical personnel, including doctors and nurses, and your infection. That ability to prove a strong link between negligent behavior and the infection can make or break your medical malpractice claim. Generally, you must establish that the medical professional violated a standard of care, such as improperly managing symptoms or failing to sterilize equipment.
For example, in order to prove that the physician was aware of the infection but failed to act, you may have to prove that you brought attention to your symptoms, and that the doctor failed to act by not following up on the symptoms of the infection. You may also have to prove that your serious injuries or condition could possibly have been avoided if the doctor had followed up on your symptoms, and had placed you on treatment, like antibiotic therapy, for the infection.
But keep in mind that not every case of a hospital-acquired infection will warrant seeking compensation in a medical malpractice claim. Infections can spread even when a patient has been given antibiotic therapy, for example, and courts do recognize this.
Many “superbugs” are extremely resistant to antibiotics, and the infection could continue to spread, because of the ineffectiveness or weakness of the antibiotics. In this case, the standard of care may be to provide the same antibiotics that the doctor prescribed, so the doctor would not be liable for damages.
If you have contracted an infection after an appendectomy in a Cleveland hospital, get a medical malpractice lawyer to go over your case to find out whether hospitals, doctors or nurses in your situation could have done anything to prevent your infection or treat it more effectively, but failed to do so. Call 877-864-9495 to speak with a medical malpractice lawyer at Ryan, LLP, or fill out the online contact form to schedule a free initial evaluation of your case.