Hospital-acquired infections (HAIs) are a serious concern in healthcare, affecting a significant number of patients each year. These infections, which occur during a hospital stay, can lead to severe complications and, in some cases, death. Florida, like many other states, has specific laws and regulations in place to prevent HAIs, yet these infections still occur. When an infection is the result of hospital negligence, it may constitute medical malpractice. But how do you determine if an HAI case is considered medical malpractice in Florida? This article will explore the circumstances under which a hospital-acquired infection may become a case of medical malpractice, and what steps patients can take if they believe they’ve been harmed due to hospital negligence.
What are Hospital-Acquired Infections? 
Hospital-acquired infections are infections that patients develop during their time in a hospital or healthcare setting. These infections are typically caused by bacteria, viruses, fungi, or other pathogens that patients are exposed to while receiving medical treatment. Some of the most common types of HAIs include pneumonia, urinary tract infections, surgical site infections, and bloodstream infections. While hospitals are expected to maintain a clean and sterile environment, the reality is that not all hospitals consistently meet infection control standards. These lapses can lead to the transmission of harmful pathogens, putting patients at significant risk.
The Causes of Hospital-Acquired Infections in Florida Hospitals
Several factors contribute to the spread of infections in hospitals. Hospitals and healthcare providers are legally required to adhere to strict infection control standards designed to minimize the risk of infections. However, failures in any part of the system can contribute to the development of an HAI. One of the most significant factors contributing to hospital-acquired infections is poor hygiene practices among healthcare workers. This can include insufficient handwashing, improper sanitization of medical equipment, or failure to use personal protective equipment as required.
In addition to hygiene lapses, inadequate sterilization of medical equipment can also lead to the spread of infections. In many cases, reusable medical instruments and devices must undergo thorough cleaning and disinfection before being used on patients. If hospitals fail to properly sterilize these instruments, they can transmit infections from one patient to another.
Hospitals must also properly isolate patients with infectious diseases to prevent the spread of harmful pathogens. In some cases, patients who are known to have infectious diseases are not properly isolated, increasing the likelihood of spreading the infection to other patients.
When Does an HAI Become Medical Malpractice?
In Florida, medical malpractice occurs when a healthcare provider or facility fails to meet the accepted standard of care, resulting in harm or injury to the patient. Medical malpractice is a legal term that describes negligence or failure to act in a way that meets the required medical standards.
When it comes to hospital-acquired infections, medical malpractice may be applicable if certain conditions are met. To prove that an HAI was the result of medical malpractice, it must be shown that the hospital or healthcare provider failed to follow proper infection control procedures. This failure must have directly led to the infection, and the infection must have caused significant harm or worsened the patient’s condition.
To establish a medical malpractice claim related to a hospital-acquired infection, the following elements must be proven:
- Failure to meet the standard of care: The hospital or healthcare provider must have deviated from the accepted standard of care. For example, if a hospital failed to properly disinfect surgical instruments, or if healthcare providers did not follow proper hand hygiene protocols, it may be considered a breach of the standard of care.
- Causation: It must be demonstrated that the failure to meet the standard of care directly caused the infection. This can be complex, as it requires evidence that the infection would not have occurred had the healthcare provider followed the proper protocols.
- Harm or injury: The patient must have suffered harm or injury as a result of the infection. This could include worsening of their condition, additional medical treatments, longer hospital stays, or even death.
Proving Negligence in Hospital-Acquired Infections
Proving negligence in cases involving hospital-acquired infections can be challenging. Florida law requires that medical malpractice claims be supported by expert testimony. This means that in order to pursue a case of medical malpractice related to an HAI, you will need the testimony of a medical expert who can testify that the hospital’s actions (or lack of action) fell below the acceptable standard of care.
A medical expert may examine the hospital’s infection control procedures, the specific circumstances of the infection, and the patient’s medical records to determine whether negligence occurred. This expert testimony is crucial to establishing that the hospital’s failure to prevent the infection was the direct cause of the patient’s harm.
What Legal Options Are Available for Victims of HAIs in Florida?
Patients who contract hospital-acquired infections in Florida may have legal options if the infection was caused by medical negligence. If you or a loved one has suffered from an HAI due to a hospital’s failure to meet infection control standards, you may be entitled to compensation for several damages. In a medical malpractice case related to an HAI, potential damages may include:
- Medical expenses: This includes the cost of treating the infection, as well as any additional medical care required to address complications or further health issues caused by the infection.
- Pain and suffering: Victims of HAIs may experience physical pain, emotional distress, and a reduced quality of life as a result of the infection. Compensation for pain and suffering may be available in a medical malpractice case.
- Lost wages: If the infection caused the patient to miss work or reduced their ability to work, they may be entitled to compensation for lost income.
- Punitive damages: In some cases, if the hospital’s actions were particularly egregious, the court may award punitive damages. These damages are meant to punish the healthcare provider and deter future misconduct.
How Faiella & Gulden, P.A. Can Help
If you or a loved one has contracted a hospital-acquired infection in Florida, it is important to seek legal guidance to determine whether you have a case for medical malpractice. Faiella & Gulden, P.A. specializes in medical malpractice cases, including those involving HAIs. Our experienced team of attorneys can help you navigate the complex process of pursuing a claim for hospital negligence.
We understand the emotional and financial toll that hospital-acquired infections can have on patients and their families. That’s why we offer free consultations to help you understand your legal rights and options. If you believe that your infection was the result of hospital negligence, we can help you build a strong case and seek the compensation you deserve.
Hospital-acquired infections are a serious issue, and they can result in significant harm if hospitals fail to meet infection control standards. If you believe that your infection was the result of medical negligence, it’s important to act quickly and seek legal counsel. Faiella & Gulden, P.A. is committed to helping victims of medical malpractice seek justice and hold negligent healthcare providers accountable. If you or a loved one has been affected by a hospital-acquired infection, contact us today for a free consultation.