Hospital Infection Cases – When the Sick Get Sicker

http://news.yahoo.com/device-manufacturer-sued-again-superbug-outbreak-l-hospital-234742835–finance.html
In this case, a man was treated using a device that was infected by a “superbug” that then infected the patient and caused a great amount of harm to him.

I get these calls more often than you think, and it raises an interesting question:  Is there always negligence when someone gets sicker after they get treatment?

The answer is “no.”

Negligence is defined in these contexts as a failure to meet the standard of care.  So in situations where health care providers do everything that the local standard of care requires – like cleaning and using instruments per guidelines – and someone still gets sick, injured, or infected, that doesn’t mean there was negligence.  It just means stuff happens.

But sometimes there is negligence.  When providers re-use instruments or don’t clean them properly and injuries occur, that’s more like negligence.  But it can be hard to prove.  Will they write in their notes, “And then I wiped that scalpel with my dirty handkerchief and proceeded to cut the patient with it” ?  Probably not.

These cases can be complex and difficult to prove.  If you have a situation like this you should talk to an attorney.  I’m willing to talk, so call: 919-929-2992.

Please let me know what thoughts you have on this:  Twitter: @jahatty; Facebook: Jeffrey Allen Howard, Attorney at Law, PLLC.