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Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
Read Bio
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
When you’re in the hospital, you trust your doctors to make you better, not introduce new problems. However, you may be at risk of developing a hospital-acquired infection (HAI) — and careless healthcare providers might worsen your chances.
In certain circumstances, allowing a patient to develop an HAI or failing to treat it can be considered medical malpractice.
What Is a Hospital-Acquired Infection?
A hospital-acquired infection, also known as a healthcare-associated infection, is an infection caused by germs spread throughout a healthcare environment. HAIs are relatively common, but they can be lethal in many circumstances.
The variety of sick individuals in a hospital can introduce germs to vulnerable patients, despite healthcare providers’ best efforts to limit exposure and keep the environment sterile. Surgical procedures and other treatments can raise a patient’s risk of developing an infection.
What Are Common Types of Hospital-Acquired Infections?
Some types of hospital-acquired infections are more common than others, including:
- Surgical site infections (SSIs): An infection in an area where a surgical procedure was performed, such as the skin, organs, or an implanted medical device.
- Catheter-associated urinary tract infections (CAUTIs): An infection that enters the body through a urinary catheter. CAUTIs are very common, but considered preventable and relatively low-risk.
- Central line-associated bloodstream infections (CLABSIs): CLABSIs occur when germs enter a major vein through a central line catheter. More than half of patients in intensive care units (ICUs) receive a central line, making these infections more common in emergency situations.
- Ventilator-associated pneumonia (VAP): These infections develop when bacteria enter the lungs through a ventilator. They’re considered preventable and easily treated with antibiotics in most cases.
Who Is Most at Risk for Hospital-Acquired Infections?
Some patients have higher chances of developing HAIs than others, based on certain treatments, health conditions, hospital settings, or personal traits that make them more vulnerable. The most common risk factors for healthcare-associated infections include:
- Immunosuppression: Patients with weaker immune systems, whether naturally or because of certain treatments, are more vulnerable to hospital-acquired infections.
- Advanced age: Older patients tend to have compromised immune systems and other comorbidities that can make infections more likely and more severe.
- Invasive treatments: Procedures that enter the body in significant or multiple ways create more opportunities for germs to enter as well.
- Surgeries: Patients needing emergency surgeries or multiple procedures are more likely to develop SSIs, and the risk grows the longer a particular procedure lasts.
- Medical devices: Catheters, IVs, long-term implants, and other devices placed within the body carry a higher risk of infection.
- Recent antibiotic use: If a patient has used antibiotics in the previous 90 days, they can be at higher risk of developing significant infections from drug-resistant bacteria.
- Other factors: Certain types of infections are more likely in specific circumstances. For example, CAUTIs are more common among women
How Can I Prove an Infection Came From the Hospital?
Determining where an infection came from is a medical question that requires more evidence than just symptoms developing after a treatment. Information and evidence that can help establish an HAI include:
- Personal notes: Once you start noticing symptoms, record them in detail, including the date and time they develop and how long it’s been since a particular treatment.
- Medical records: Your recent test results, admission records, and other documentation from prior to the infection can help pinpoint which procedure caused it and demonstrate that you were healthy before it.
- Expert opinion: An independent medical professional can review the circumstances and give an informed opinion on the likely origin of the infection.
Even if you prove your infection came from the hospital, determining whether medical malpractice occurred is a separate legal question that may require additional evidence and analysis. An experienced malpractice attorney can review your situation and walk you through your legal options.
Are Hospital-Acquired Infections Always Preventable?
No, it’s impossible for any healthcare setting to prevent patient infections 100% of the time. Responsible healthcare providers are generally not liable for an infection if they’ve taken every reasonable measure to prevent it.
Hospitals use established, effective infection prevention practices to minimize the risk, but none are foolproof:
- Strict handwashing and sanitization policies
- Cleaning and sterilization of equipment and the patient’s environment
- Use of gloves and sterile clothing
- Regular changing of personal protective equipment from patient to patient
When Does a Hospital-Acquired Infection Become Medical Malpractice?
Developing an infection in a hospital is a known risk of medical treatment, but a provider could share liability for a healthcare-associated infection if they fail to follow best practices in care and prevention.
Medical malpractice occurs when a healthcare worker or provider falls below the “standard of care” expected of them as a professional. An HAI can result from malpractice if it was foreseeable or preventable, but the healthcare provider’s actions or inactions failed to reduce the patient’s risk of infection to the extent a reasonable medical professional would have.
Developing a serious infection after a surgery is, on its own, an unfortunate complication, not medical negligence. If the surgeon contributed to the infection through poor technique, failing to sterilize their tools, or other errors, the patient may have a claim for malpractice.
What Illinois Laws Might Apply to a Hospital-Acquired Infection Claim?
The Medical Malpractice Filing Deadline
Illinois has a two-year statute of limitations for filing medical malpractice claims, starting on the date you discover a potential malpractice injury. However, in most circumstances, you can’t file a claim four years after the date you were actually injured, regardless of when you become aware of it. Talking to a trusted medical malpractice attorney as soon as possible will give you the best chance of filing on time and securing compensation.
The Medical Review Requirement
To file a medical malpractice claim in Illinois, you must attach a “certificate of merit” to your complaint. The certificate must include a written opinion from a medical expert stating that your case is reasonable, and a sworn statement from your attorney attesting that they’ve reviewed the evidence with that expert.
The Damage Caps Situation
Get the Legal Support You Need From Levin & Perconti
If you or a loved one has developed an infection in the hospital, the experienced medical malpractice team at Levin & Perconti is here to help. Our trusted attorneys can review the situation, identify possible medical errors, and help you build a strong case to prove malpractice. Contact us online or call (312) 332-2872 today for a free consultation.
