Can an Infection be the Basis for a Medical Malpractice Lawuit?
Helping Clients Injured by Hospital and Other Infections
When undergoing a medical procedure, patients always run the risk of developing an infection. Unfortunately, when a patient suffers an infection they can face severe hardships. Infections can cause patients further illness and can be fatal in some cases. The Centers for Disease Control and Prevention estimates that more than 2 million hospital infections occur each year, resulting in 90,000 deaths. In addition to physical hardships, an infection may extend a patient's hospital stay and force them to undergo further medical procedures; resulting in more medical bills and lost wages.
Can You File a Lawsuit After Suffering an Infection
Infections are generally considered a risk with any medical procedure. As a result, most infections do not present grounds for a medical malpractice lawsuit. In some cases, however, a doctor's negligence in the handling or diagnosis of an infection can provide grounds for a lawsuit. Individuals who have suffered damages from an infection may have grounds for a lawsuit if any of the following occurred:
- The infection was caused by a surgical error
- The doctor failed to prescribe antibiotics or failed to prescribe the correct antibiotics
- The infection was initially misdiagnosed
- The doctor failed to diagnose the infection until significant damage was done to the patient
- The medical staff failed to use adequate infection control procedures
Patients who have suffered an infection should keep in mind that in order to have a valid claim, the doctor's negligent actions must have caused the patient to suffer either economic or non-economic damages. Economic damages are any financial strain placed upon the patient by their infection, such as lost wages, high medical bills, and damage to future earning potential. Non-economic damages are any pain and suffering caused by the infection.
Why Should You Hire An Attorney?
Do to the fact that infections are a known risk involved in any medical procedure, proving negligence can be difficult. As a result, it is essential that patients who have suffered a serious infection seek the counsel of an experienced medical malpractice lawyer. A skilled lawyer will interview the doctor and their staff, hire medical experts to review the injured patients records, file the lawsuit, and seek maximum compensation in court. At Queller, Fisher, Washor, Fuchs & Kool, our personal injury lawyers have been handling medical malpractice cases for over 50 years. We understand that proving a doctor's negligence after a patient suffers an infection can be difficult. Our firm, however, has the resources and experience necessary to succeed in infection cases. We have secured our clients a number of favorable verdicts and settlements, many of them worth over $1 million.
Have you or someone you loved suffered a serious infection during a hospital stay? If so, you may be entitled to compensation. For a free review of your legal options, call 212-406-1700 or contact us online. Our attorneys take all cases on a contingent fee basis, meaning there is no charge unless we secure a monetary recovery.