What are Your Rights if You Get Infected in a Hospital?

Infected in a Hospital

Individuals make a trip to the hospital for one of two reasons: to visit someone or to get better from an illness or accident. But there is a major reason many avoid hospitals: contaminations. This is also known as a nosocomial infection.

The definition of nosocomial infection is a toxin or infection in a certain location, most likely a hospital. Another name for this type of circumstance is known hospital-acquired infections or healthcare-associated infections (HAIs).  

If you go into the hospital for a procedure and come out with an infection, you will need to schedule a call to speak with a proficient attorney. You may have a malpractice case.

People expect a hospital to be clean and sterile, void of germs and things that would make even the healthiest people sick. When you enter a hospital to get better, your immune system is already compromised. The last thing you need is an infection, but that is what many individuals are coming up with.

You may be wondering what your rights are if you get an infection at a hospital.

What Happened?

You have a right to know what happened to you. Why did you get worse when you were supposed to get better with your last hospital visit?

Your lawyer may be the only one who can get answers for you, but you have a right to know what went wrong. Was your infection due to a nurse or doctor’s incompetence or was your new illness due to unclean equipment or rooms?

Can I Bring a Malpractice Suit Against the Hospital?

Once you are better, which could take a while, you may be wondering if you have the right to bring a malpractice lawsuit. You will want to contact a knowledgeable attorney for more information, but there are a number of items you must prove in order to win a malpractice lawsuit.

A doctor-patient relationship existed – this means you hired a doctor to perform a procedure or fix an existing illness.

The doctor was negligent – This may be hard to prove because it is based on the fact the doctor caused you more harm than what you had to begin with. You will also have to prove a competent doctor would not have caused you to harm under the same set of circumstances.
The medical standard of care – The definition of “medical standard of care” is the amount of care another person with the exact same condition would have received from a similarly skilled doctor and under the same set of circumstances, within the same community. If the answer is “no,” you may have the beginnings of a medical malpractice lawsuit.  

The negligence caused the injury or illness – Just because you prove a doctor or hospital was negligent, does not mean they caused your illness. You need to prove that the doctor’s negligence was a direct cause of your illness or injury.  


Specific damages – Your lawyer must prove that the negligence of the doctor caused definite damages. There are only certain illnesses and injuries a court will consider under a malpractice lawsuit. They include:

  • Additional medical bills
  • Physical pain
  •  Mental agony
  •  Lost earnings/lost earnings capacity

Many states have different and special considerations for medical malpractice. An experienced medical malpractice attorney will be able to help you determine if you have a worthwhile case.  

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