Common Hospital Infections That May Be Grounds for a Lawsuit

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

When a patient becomes a victim of a serious infection that stems from medical malpractice, there could be grounds for a personal injury lawsuit. However, establishing liability for such a claim is challenging, so be sure to discuss your potential claim with an experienced personal injury lawyer. There are many types of medical malpractice claims, but when it comes to infections, there are three that top the charts in terms of frequency.

Continue reading to learn which hospital infections are the most common, and who to call for questions about medical malpractice claims in Indiana.

3 Common Hospital Infections:

Surgical Infections – Surgical site infections are probably the most common infection cases in the medical malpractice area of law. These are infections that develop at or near the surgery incision site as a result of improper pre or post-surgery care.

Respiratory Infections – Although hospital-grade air is well-filtered, patients may still be exposed to airborne viruses and infections. This is among the most challenging infection cases to prove. Visitation and routine appointments may not have a strong case, but admitted patients might.

Internal and External Device Infections – Any surgically-inserted device can develop an infection if not done properly, including catheters, defibrillators, ventilators, drain sacs, feeding tubes, cochlear implants, pacemakers, stents, and more.

Hospital Infection Claims

Infections usually occur as a result of negligence, either by patient or medical personnel. When proper medical procedures are not adhered to, infections can develop that would otherwise be preventable. If an infection occurs in patient because a doctor, nurse, or other medical personnel did not take the proper precautions to ensure such infection wouldn’t develop, a victim could have a valid hospital infection lawsuit so long as they could prove their case. Hospital infection cases are treated just as any other type of medical malpractice case. The plaintiff party would hold the burden of proving that the infection occurred at the hospital as a result of a particular negligence.

Indianapolis Medical Malpractice Attorney

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about how to file a medical malpractice claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have extensive trial and litigation experience representing medical malpractice victims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis medical malpractice attorney you can trust.

Understanding Medical Consents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Anytime a patient is preparing to undergo a medical procedure, surgery, or treatment, the state will require medical consent. In the case that a hospital or doctor fails to obtain proper medical consent from either the patient or their conservator, a medical malpractice lawsuit might be valid. Most states require written medical consent, however, verbal and informed medical consent are necessary as well.

Whether that be a verbal, “yes, I agree” or a nod of the head, a doctor should obtain all forms of consent before moving forward with treatment or surgery. It is a doctor’s responsibility to provide sufficient information regarding a possible medical procedure or treatment. If a patient is not adequately informed or given incorrect information about a proposed procedure, and injury occurs during treatment, they could have a medical malpractice case.

Defining Consent

Basically, consent is when a doctor explains a medical procedure or treatment, and a patient agrees to have it done. As mentioned, patient consent can be verbal, or an act of consent, like nodding the head; but many states have medical consent laws that require written compliance on record. On the other hand, a written consent is not sufficient enough for most doctors, and an informed consent is sought after as well by medical authorities.

Informed consent is when the doctor or medical authorities fully explain and define the medical treatment or procedure in question. This includes the name and credentials of the doctor performing or supervising the treatment, as well as, the patient’s medical condition, the intent or purpose of the treatment, the potential risks and side effects of the treatment, potential alternatives for treatment, the likelihood of the treatment being successful, the expected recovery time, the associated costs of treatment, and how much of the cost is covered by insurance.

At this time, it is the patient’s right and responsibility to ask all the pertinent questions and concerns they have regarding the medical treatment or procedure. Patients also reserve the right to think things over and discuss their concerns with friends and family.

Once a patient has consented to a certain medical surgery or treatment plan, the doctor cannot go outside that consent unless it is a matter of health during an operation or procedure. In the case that a doctor goes beyond what was originally consented, or performs an additional treatment that was not agreed to, a patient can sue under their state’s medical malpractice statutes.

Medical Malpractice Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a medical malpractice claim in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury lawyers, are eager to answer your questions about a potential personal injury or medical malpractice accident. We offer free initial consultations to discuss your case and we never collect lawyer fees unless we win your settlement.