Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »

Mon-Fri 8AM-5PM
English or Spanish


What Determines Whether You Have a Valid HAI Lawsuit?

To have a valid HAI lawsuit, first, you need to show whether there was informed consent, especially for patients with a high risk of infection. Failure to diagnose and treat an infection in time may be ground for a lawsuit, as is an inability to observe disinfection and sterilization protocol.

There are various factors that are considered when bringing a lawsuit against a hospital. The first consideration that needs to be made is whether there was informed consent. This is especially relevant for patients who have a high risk of infection.

When a hospital knows that a patient has a high level of vulnerability, the patient should be informed about potential dangers. If the patient still chooses to be admitted, the hospital is free of any liability. The opposite is also true. Even when a hospital is not liable for causing a patient’s infection, it can still be held liable for delaying the necessary treatment. Failure to diagnose and treat an infection in time may be ground for a lawsuit.

The chances of an infection occurring during a surgical procedure are even higher. This can happen due to:

  • Low supply of blood to exposed or cut tissue
  • Contamination of an open wound
  • Dead space being exposed to infectious bacteria

Another area of negligence that can be considered is whether the disinfection and sterilization protocol was followed. Failure to sterilize hands, clothing, appliances, and surfaces can all be considered as a ground for a malpractice lawsuit.

Since hospitals are 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 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.

To determine if you have a case, call our Miami based office today.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.