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Is your medical provider liable if you suffer from an infection after surgery?

On Behalf of | Feb 3, 2021 | Personal Injury

There are several kinds of infections that are more likely to affect those who have recently been in the hospital. They include surgical site infections, device-related infections and respiratory infections. In some cases, infections are simply a result of your body not being able to fight off bacterial or viral loads that you were exposed to prior to hospitalization or while in the hospital.

In some cases, however, the infections are a result of negligence, errors or problems that the hospital or medical staff do need to address. For example, leaving a surgical sponge in a patient could lead to sepsis, a blood infection, or an unsterile needle could introduce bacteria into a patient through an intravenous injection.

Can you always sue for an infection?

No, not always. Some infections are a result of other issues, like a weakened immune system that cannot fight off the body’s own natural bacteria. If your medical provider takes your infection seriously and is able to treat it, you may not need to sue, either. If you have spent more because of the infection and believe it is their fault, then you might want to ask about having those costs removed from your bill.

How do you know that you should seek compensation for your infection?

To start with, it’s important to let your medical provider know that you’re struggling with an infection or feeling unwell. It’s their job to monitor you for signs of infection and to treat you as soon as possible to prevent complications.

It may be appropriate to sue in some cases, though. For example, if you develop a serious infection after surgery because of an item that was left behind inside of you, then the medical provider did make a mistake that they should be held liable for. Similarly, if you suffer from methicillin-resistant staphylococcus aureus because the hospital is not clean enough or doesn’t use sterile equipment, then you may sue over the medical costs needed for treatment as well as other losses you may suffer.

Not all infections will lead to liability, but if yours was caused by negligence or reckless mistakes, then you may be able to make a claim.