Last Updated on March 20, 2025

Can You Sue After a Hospital-Acquired Infection (HAI)?

Hospital-acquired infections (HAI), also referred to as Healthcare-Associated Infections, pose significant health risks to patients and major challenges for healthcare professionals.

Regularly tending to various types of at-risk patients every day, medical facilities must do their best to mitigate cross-infections among patients. Preventing and reducing HAIs remain the top priority of the U.S. Department of Health and Human Services to this day.

This article provides an overview of various types of HAIs and the risks they pose. We’ll also look into the elements required to legally establish a claim against medical malpractice.

Hospital-Acquired Infection in New York?

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Mitigating Hospital-Acquired Infections

HAIs are infections patients contract while receiving medical treatment in a healthcare facility. They originate in hospitals, medical or surgical centers, outpatient clinics, nursing homes, and other facilities that provide patient care. According to the Centers for Disease Control and Prevention (CDC), about 1 in 31 hospital patients suffer from at least one HAI on any given day.

CDC has two complementary HAI surveillance systems – the National Healthcare Safety Network (NHSN) and the Emerging Infections Program Healthcare-Associated Infections – Community Interface (EIP HAIC). These institutions help them track the development of HAI, as well as the effectiveness of preventive measures that are in place. 

What are the Common Types of Hospital-Acquired Infections?

Catheter-Associated Urinary Tract Infections (CAUTIs)

This is the most common type of HAI. Indwelling urinary catheters are used in around 12%-16% of adult inpatients at various points in their hospitalization. Prolonged usage of such catheters significantly increases the risk of contracting catheter-associated urinary tract infections. CDC estimates that there are at least 13,000 yearly deaths related to CAUTIs.

Some common complications related to CAUTI include prostatitis, epididymitisorchitis, cystitis, pyelonephritis, gram-negative bacteremia, endocarditis, vertebral osteomyelitis, septic arthritis, endophthalmitis, and meningitis

Surgical Site Infections (SSIs)

Most recent figures from the CDC report that SSIs account for 20% of all HAIs. Furthermore, these HAIs are notably the most costly – increasing hospital bills by at least $20,000 due to prolonged hospitalization lengths and additional treatments. SSIs arise 30 days after surgery in the area around the incision. SSIs can be classified into three categories:

  • Superficial incisional SSIinfections occur on the skin
  • Deep incisional SSIinfections occur beneath the incision (in the muscle and surrounding tissues)
  • Organ/space SSIinfections occur anywhere within the surgical area (can include organs or areas between organs)

Ventilator-Associated Pneumonia (VAP)

VAP occurs when patients on a hospital ventilator machine develop lung inflammation and infection. CDC reports that around 300,000 patients receive mechanical ventilation in the U.S. each year. Sepsis, Acute Respiratory Distress Syndrome (ARDS), pulmonary embolism, barotrauma, and pulmonary edema are among its most common complications.

Central Line-Associated Bloodstream Infections (CLABSIs)

While there has been a noticeable decline in reported cases, there are still about 30,000 cases of CLABSIs in the U.S. yearly. According to the CDC, patients with CLABSI are at a higher risk of developing sepsis, organ failure, and other serious complications. Each infection significantly extends hospitalization stays and can have high mortality if left untreated. Additionally, CLABSI can lead to the development of antimicrobial-resistant infections.

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Legalities on Hospital-Acquired Infections

Hospital-acquired infections can be prevented through proper infection control procedures. Contracting infections while under the care of a medical professional/facility is a good ground for a medical malpractice claim if established properly – warranting accountability and proper compensation from respective healthcare providers.

The CDC has devised an Infection Prevention Guideline which highlights standard core practices that medical facilities should uphold. Here are some accompanying questions that you could ponder on:

On Leadership SupportIs there visible and tangible support (from all leadership levels) guiding the infection prevention program toward success?
On Education and Training of Healthcare Personnel re: Infection PreventionAre the facility’s personnel trained properly? Is the training provided appropriately tailored for the facility’s diverse healthcare personnel?
On Patient, Family, and Caregiver EducationIs the patient (including family and primary caregiver) properly educated about infection prevention? Are the differences in education, language, and culture accounted for?
On Performance Monitoring and FeedbackDoes the facility have an evaluation system in place?
On Standard PrecautionsDoes the facility adhere to standard basic practices (i.e., hygiene, disinfection, injection & medication safety, use of PPEs, etc.) that apply to various types of patient care? Are patients’ suspected and confirmed infectious states properly accounted for?
On Transmission-Based PrecautionsAre the implemented transmission-based precautions aligned with the patient care settings (e.g., inpatient, outpatient, long-term care), the facility design characteristics, and the type of patient interaction? 
On Temporary Invasive Medical Devices for Clinical ManagementIs there a properly devised timeline for every invasive device used? Are the care provided geared towards the immediate removal of these devices as soon as possible? 
On Occupational HealthDoes the organization abide by the legal requirements concerning personnel health (i.e., immunization, timely reporting of illnesses, established work health policies, etc.)?

Failing to meet any of these criteria justifies your healthcare provider’s negligence. Do note that it is always best to reach out to medical malpractice lawyers so that every detail of your case may be considered. Reach out to legal professionals as soon as possible so that your case falls within your statute of limitations. Furthermore, such legal professionals may help you gauge the strength of your claim and compute the compensation you are entitled to.

Discuss your Hospital-Acquired Infection with a Lawyer

At Porter Law Group, our team of seasoned medical malpractice lawyers work alongside licensed medical professionals. We approach every case holistically, strengthening your claim from every angle. If you or someone dear has suffered due to HAI in New York, please reach out to us for a no-obligation free evaluation.

You may also contact us at 833-PORTER9 or info@porterlawteam.com now to schedule a free appointment.

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Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on February 20, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on February 20, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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