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,
  • or 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.

To determine if you have a case, call our Miami based office at 305.416.9805.

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.