Elizabeth H. Faiella
Elizabeth has represented plaintiffs in numerous jury trials since 1976. A member of the exclusive Inner Circle of Advocates, Elizabeth is a legal powerhouse who has been given numerous awards and honors--and she's not done yet.
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Peter J. "Tres" Gulden, III
The son of a doctor and an attorney, Peter has a unique and in-depth understanding of all the complicated medical and legal issues involved in a malpractice claim. He has won many 7-figure verdicts for clients since joining his mother's firm in 2004.
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Allison C. McMillen
Allison C. McMillen is proud to be a second-generation plaintiffs’ attorney representing victims of medical malpractice, having practiced with her father, attorney Scott R. McMillen, for over a decade before joining the team at Faiella & Gulden, P.A.
Learn MoreWhat Are Hospital-Acquired Infections? 
Hospital-acquired infections, also referred to as nosocomial infections, are infections that patients acquire while receiving treatment in a healthcare facility. These infections can be caused by various pathogens, including bacteria, viruses, fungi, and other microorganisms. Common types of hospital-acquired infections include:
- Urinary tract infections (UTIs): Often caused by catheter use.
- Surgical site infections (SSIs): Infections that develop after surgery.
- Pneumonia: Often contracted by patients on ventilators or those with weakened immune systems.
- Bloodstream infections (BSIs): These can result from the improper insertion or maintenance of IV lines.
- C. difficile infections: Caused by an overgrowth of bacteria in the intestines, usually after antibiotics are administered.
Who Is Liable for Hospital-Acquired Infections in Florida?
The question of liability for hospital-acquired infections is a complex one and depends on several factors. Several parties could be held accountable for the harm caused by these infections, including healthcare providers, the hospital or healthcare facility itself, and even the manufacturers of medical devices used during treatment. In Florida, liability for an HAI typically falls under the category of medical malpractice. This means that a healthcare provider or facility may be held responsible if their negligence directly leads to a patient’s infection. Let’s break down who might be held liable:Healthcare Providers (Doctors, Nurses, and Technicians)
Healthcare providers, such as doctors, nurses, and medical technicians, are responsible for maintaining a certain standard of care during their interactions with patients. When it comes to hospital-acquired infections, these professionals play a crucial role in infection prevention. If they fail to follow infection control protocols, their actions (or lack thereof) can directly contribute to the development of an infection.- Failure to follow proper hygiene protocols: If healthcare workers fail to wash their hands properly, wear the appropriate protective equipment (PPE), or adhere to cleanliness standards, they can inadvertently transmit harmful pathogens.
- Improper use of medical equipment: The improper handling or use of medical devices such as catheters, ventilators, and surgical tools can lead to infections. For instance, an improperly sterilized surgical instrument could introduce bacteria during a procedure.
- Failure to monitor or assess the risk of infection: If medical staff neglect to monitor a patient for signs of infection or fail to implement timely measures (such as the proper use of antibiotics), they could be held liable for the infection that develops.
Hospitals and Healthcare Facilities
Hospitals and healthcare facilities also bear significant responsibility in preventing hospital-acquired infections. These institutions are legally obligated to provide a safe environment for their patients, which includes maintaining high standards of infection control. If a hospital fails to provide adequate infection control measures, it could be held liable for the infections that occur as a result. Some areas where hospitals might fail in preventing infections include:- Failure to implement proper sanitation procedures: Hospitals must ensure that all areas, from operating rooms to patient rooms, are thoroughly cleaned and disinfected regularly. If a hospital cuts corners on sanitation, it could be held liable.
- Inadequate staffing or training: Hospitals must provide adequate staffing to ensure that infection control practices are followed. This includes training healthcare workers on proper hand hygiene, sterilization techniques, and proper handling of medical equipment.
- Infection control programs: Hospitals are required to have infection control programs in place, including regular surveillance of HAIs, isolation procedures for infected patients, and protocols for cleaning medical equipment. A lack of these measures can lead to hospital liability.
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I have observed and worked with Faiella & Gulden as a registered nurse for over 25 years. Their legal & medical knowledge is unprecedented. They're dedicated, compassionate and goes to any length to obtain justice for each client.
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Manufacturers of Medical Devices and Equipment
In some cases, the infection could be traced back to a defective medical device or equipment used during treatment. If a manufacturer’s product is shown to be defective or improperly sterilized, they could be held liable for the infection. For example, if a surgical instrument is defective and causes an infection, or if a medical device like a catheter was improperly manufactured or contaminated before use, the manufacturer may be responsible for the harm caused. To hold a manufacturer liable, it must be shown that the product was defective and that the defect directly contributed to the infection.Proving Liability for Hospital-Acquired Infections in Florida
Proving liability in a hospital-acquired infection case requires establishing several key elements:- Standard of care: The first step in proving negligence is showing that the healthcare provider or facility breached the standard of care. This means that their actions or inactions deviated from the accepted practices within the medical community.
- Causation: You must also prove that the breach in the standard of care directly caused the infection. This often involves expert testimony from medical professionals who can explain how the breach led to the infection.
- Damages: Finally, you must show that the infection resulted in harm. This could include physical pain, emotional distress, additional medical expenses, extended hospital stays, or even death.
Steps to Take if You Suspect an HAI in Florida
If you believe that you or a loved one has contracted a hospital-acquired infection due to medical negligence, here are the steps you should take:- Document Everything: Keep detailed records of your hospital visits, treatments, medications, and any changes in your condition. This documentation will be essential if you need to pursue legal action.
- Seek Legal Counsel: Contact an experienced medical malpractice attorney, like those at Faiella & Gulden, P.A., to discuss your case. A lawyer can help you understand the legal options available and whether you have a viable claim.
- Notify the Hospital: Many hospitals have patient advocacy or patient safety departments that may assist with investigations into the cause of the infection.
- Report the Incident: You may also want to report the infection to the Florida Department of Health, which monitors and investigates healthcare-related issues in the state.