Hospital-Acquired Infections and Negligence: Can You Hold Healthcare Providers Accountable?

Hospitals are meant to be places of healing, but for many patients, they become the site of preventable infections that can lead to severe complications—or worse. Healthcare-associated infections (HAIs) affect thousands of patients annually, and while some cases are unavoidable, others are the direct result of negligence by healthcare providers or institutions.

If you or a loved one has suffered due to a hospital-acquired infection, you may have grounds to file a medical malpractice claim. Understanding how infections happen, when negligence is involved, and your rights under New Jersey law can help you protect your health and your future.

How Common Are Hospital-Acquired Infections?

Despite advances in modern medicine, hospital infections remain a serious problem in the United States. According to the Centers for Disease Control and Prevention (CDC), nearly 1 in 31 hospital patients contract an HAI on any given day. Common hospital-acquired infections include:

Surgical Site Infections (SSIs): Occurring after surgeries, these infections are often caused by poor sterilization practices or prolonged operating times.
Central Line-Associated Bloodstream Infections (CLABSIs): Linked to catheters, these infections can spread dangerous bacteria directly into a patient’s bloodstream.
Catheter-Associated Urinary Tract Infections (CAUTIs): Frequently occurring in patients with indwelling urinary catheters, these infections are preventable with proper hygiene and monitoring.
Ventilator-Associated Pneumonia (VAP): Affecting patients on mechanical ventilators, this infection is often the result of poor equipment sterilization or inadequate care.

These infections can lead to prolonged hospital stays, additional medical procedures, and, in severe cases, death.

What Causes Hospital-Acquired Infections?

HAIs often stem from a combination of factors, including:

Poor Hygiene Practices

Healthcare providers are responsible for adhering to strict handwashing protocols and sterilization procedures. A failure to follow these guidelines can introduce bacteria and viruses into vulnerable patients.

Overuse or Misuse of Antibiotics

Overprescribing antibiotics contributes to antibiotic-resistant bacteria, such as MRSA, which can thrive in hospital settings.

Inadequate Staffing

Understaffed hospitals may lead to rushed or incomplete care, increasing the likelihood of errors that contribute to infections.

Unclean Equipment or Facilities

Improperly sterilized surgical tools, catheters, or ventilators can harbor harmful bacteria, directly exposing patients to infection.

Failure to Monitor Patients

Hospitals are responsible for monitoring patients for early signs of infection. Delays in diagnosis or treatment can lead to life-threatening complications.

While not all infections can be prevented, negligence by healthcare providers significantly increases the risk of HAIs.

When Does a Hospital Infection Constitute Medical Malpractice?

Not all hospital infections qualify as medical malpractice. For a claim to be valid, there must be evidence that the infection resulted from a healthcare provider’s negligence. Under New Jersey law, this means proving the following elements:

Duty of Care: The hospital or healthcare provider owed the patient a duty to provide a reasonable standard of care.
Breach of Duty: The provider failed to meet this standard, such as by neglecting to sterilize equipment or ignoring signs of infection.
Causation: The breach directly caused the infection or worsened the patient’s condition.
Damages: The patient suffered measurable harm, such as prolonged hospitalization, additional surgeries, or lost income.

For example, consider a patient who undergoes surgery at a Newark hospital. If the surgical team fails to sterilize their instruments properly, leading to an infection that requires further hospitalization and invasive treatments, the patient may have grounds for a medical malpractice claim.

Unique Examples of Hospital Negligence Leading to Infections

To illustrate how negligence plays a role in hospital-acquired infections, here are two lesser-known but impactful examples:

Reused Single-Use Medical Devices

In a hospital, a nurse reused single-use syringes to administer medications during a supply shortage. Several patients developed bloodstream infections, as the reused syringes introduced harmful bacteria. This practice not only violated safety protocols but also demonstrated gross negligence.

Improper Management of HVAC Systems

A hospital failed to maintain its ventilation system, leading to the growth of mold in patient rooms. One patient recovering from surgery developed a severe fungal infection due to the contaminated air, resulting in multiple additional surgeries.

These hypothetical cases highlight how systemic issues, not just individual mistakes, can contribute to infections and establish grounds for legal action.

What to Do If You’ve Been Affected by a Hospital-Acquired Infection

If you suspect that negligence led to your hospital-acquired infection, it’s crucial to act quickly. Follow these steps to protect your health and your legal rights:

Seek Immediate Medical Attention: If you’re experiencing symptoms of an infection—such as fever, redness, or swelling at a surgical site—notify your healthcare provider immediately. Prompt treatment can prevent complications.
Document Everything: Keep records of your symptoms, medical visits, and any additional treatments related to the infection. Photographs of surgical wounds or affected areas can also serve as valuable evidence.
Request Your Medical Records: Obtain a copy of your medical records to identify any potential breaches of protocol. These records can help establish negligence in your case.
Consult a Medical Malpractice Lawyer: Hospital infection cases can be complex, requiring expert testimony and in-depth knowledge of New Jersey’s medical malpractice laws. A skilled lawyer can evaluate your case, gather evidence, and advocate on your behalf.

Why You Need a Medical Malpractice Lawyer

Filing a medical malpractice claim without legal guidance can be an uphill battle. Hospitals and their insurers often employ aggressive tactics to deny or minimize claims. A qualified medical malpractice lawyer will:

Investigate the circumstances of your infection
Identify responsible parties, including hospitals, doctors, and nurses
Work with medical experts to prove negligence
Fight for compensation to cover medical bills, lost wages, and other damages

Hospital infections can have long-lasting effects on your health and finances. An experienced lawyer ensures you won’t have to navigate this challenging process alone.

Understanding New Jersey’s Medical Malpractice Laws

If you’re considering legal action, it’s important to understand the laws governing medical malpractice in New Jersey:

Statute of Limitations

Patients have two years from the date they discovered the infection to file a malpractice claim.

Affidavit of Merit Requirement

New Jersey law requires a qualified medical professional to certify that the claim has merit before proceeding with a lawsuit.

Modified Comparative Negligence

If a patient’s actions contributed to the infection, their compensation may be reduced accordingly. However, as long as they are less than 50% responsible, they can still recover damages.

These rules highlight the importance of acting quickly and consulting a lawyer with experience in medical malpractice cases.

Call Drazin & Warshaw: Your Partner in Justice

Dealing with a hospital-acquired infection is overwhelming, but you don’t have to face it alone. At Drazin & Warshaw, we’ve spent decades helping New Jersey residents hold negligent healthcare providers accountable.

Take Action Against Hospital-Aquired Infections —Call Drazin and Warshaw Today to File a Medical Malpractice Claim in New Jersey

Don’t let a preventable infection derail your life. If you’ve suffered from a hospital infection caused by negligence, contact Drazin & Warshaw for a free consultation. We can be reached at 732-333-8141.

Your health matters, and we’re here to fight for you every step of the way. We proudly represent clients in Brick, Red Bank, Hazlet, Westfield and throughout Union, Middlesex, Monmouth, and Ocean Counties.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.