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Medical Malpractice May 22, 2013
 
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Medical Malpractice Claims and Cardiology

Cardiological specialists are required to adhere to a strict standard of care in diagnosis and treatment. If a specialist deviates ...(more)

 

Avoiding Liability for Refusal of a Recommended Medical Procedure

Medical malpractice is largely governed by state law and case law precedent.  Thus, generalizations must be checked against the applicable ...(more)

 

Should the ADA Stop Supporting the Use of Amalgams?

Amalgams are a type of dental tooth filling which, unlike gold or porcelain fillings, contain mercury. In the past several ...(more)

 

Infants with Cerebral Palsy May Have a Medical Malpractice Claim

Cerebral Palsy is a birth complication resulting from oxygen deprivation during pregnancy, labor or delivery that affects movement control and ...(more)

 

Medical Malpractice Law News Headlines

Drug testing for California doctors?

Alabama Supreme Court Upholds $3.2 Million Malpractice Verdict

Hospitals, South Carolina sued over child's sex surgery

Montana Man Wrongly Told He Had Terminal Brain Cancer

Florida Lawmakers Approve Medical Malpractice Reform

Successful Surgery But Deadly Hospital-Acquired Infection


A nosocomial infection, or hospital-acquired infection, is an infection that was contracted in a hospital. Such infections can be the result of many different factors including poorly sterilized equipment, defective equipment design (not allowing for proper cleaning) or hospital staff negligence. As with any medical malpractice claim, several aspects must be scrutinized to determine liability.

Hospital-Acquired Infections - More Common Than Car Accident Fatalities
Recent reports indicate that hospital-acquired infection fatalities are more common than car accident and fire and drowning fatalities combined. In fact, hospital-acquired infections are the fifth leading cause of death in the United States, after heart disease, cancer, stroke and respiratory ailments.

The Center for Disease Control and Prevention states that one out of every twenty people admitted to a hospital will get a nosocomial infection. This statistic indicates that each year two million infections will occur, leading to approximately 90,000 deaths. Over 2,500 babies each year contract fatal hospital acquired infections. As such, infection control is a major issue amongst medical practitioners.

Often times nosocomial infections can easily be prevented. Measures such as washing hands between patients or implementing careful systematic equipment cleaning procedures can prevent an unnecessary infection. Understaffed hospitals are also a major concern for effective infection control.

Analyzing a Hospital-Acquired Infection Claim
If a hospital or surgical team is found liable for an infection acquired by a patient due to negligence, the legal ramifications can be severe. Consequently, thorough analysis of nosocomial infection claims is imperative. Rules and procedures for the analysis of such a claim will differ from state to state, but will generally adhere to the following format:

  • A hospital or surgical team committed an error in the plan to reduce infection exposure
  • A reasonable hospital or surgical team would not have committed such an error
  • The error was the cause of the resulting infection

Additional factors will also be examined, including the reason for the original hospital visit, the risk of the type of infection contracted by the patient, the risk of contraction of each individual patient and steps taken to reduce exposure to infection.

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