Since hospitals are clearly likely to host infections, most have put in place measures to handle cases of infections. If diagnosing and treating an HAI case is done as soon as the infection is suspected, the hospital is clear of any legal liability. Their failure to do that makes them liable.
In general, hospitals understand that all patients who seek medical help stand a high risk of getting infections from other patients. This is because hospitals suffer from high levels of germs since they are public facilities. Accordingly, most hospitals have put in place measures to handle cases of infections. This can be through quick diagnosis and treatment whenever an infection is suspected.
Therefore, according to the hospital standard of care health practitioners should have a structure in place for diagnosing and treating any HAI case that occurs. If that is done, the hospital is clear of any legal liability.
However, when there is a delay in diagnosis and treatment, a patient can experience sepsis. This is the spread of an infection throughout the human body by way of blood. This can, in turn, lead to septic shock and even death. In that case, the hospital and its staff may be liable for causing harm to a patient.
The harm suffered, in this case, has to be substantial to hold a viable claim. When the harm suffered is minor or it led to no major injury, it may be hard to create a strong case against the hospital or its staff.