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"Nosocomial infection is an infection that occurs in a hospital that was not present or incubating at the time of the admission. Nosocomial infections are endemic and epidemic in intensive care units and are a significant source of morbidity, mortality and cost."

MARK MCKENNY, SCOTT NORWOOD: The Prevalence and Importance of Nosocomial Infections in the Intensive Care Unit in CRITICAL CARE, 3RD ED. Lippincott Williams &Wilkins, 1996

Hospital Infections

Many patients inquire about potential malpractice claims arising from hospital stays that result in a patient developing an infection while in the hospital. Hospitals by the very nature of the work performed are areas of potential infections. In examining a case of malpractice relating to contracting an infection, it is necessary to cautiously and thoroughly investigate the facts specific to the patients hospital stay.

The standards of Texas malpractice law apply as in any other medical claim: There must have been an error committed in the plan to reduce infection exposure; the error must have been one that a reasonable hospital would not have committed (in other words, a reasonable hospital would have made sure the infection plan was in force); and, the error must have been the cause of the resulting damages or injuries.

Many times, infections can cause an otherwise difficult medical condition to become much more difficult, and even result in death of a patient. Thus, when an infection is contracted it is necessary to examine the reason for the hospital stay in the first place, the risk of contracting an infection for that type of patient, and the steps taken by the hospital to reduce exposure to infectious agents. Infection cases must be thoroughly investigated to determine whether the hospital had a plan, whether healthcare providers in the hospital followed the plan, whether physicians were properly monitoring the use and administration of antibiotics, whether sterilization procedures were properly followed, and whether some other explanation exists.

Active and aggressive discovery of all persons in the areas were the patient was housed is essential.

In short, there are simply too many areas of potential discussion concerning infections, to address in this page; if you have any questions, contact an experienced attorney to discuss the specifics of your situation.


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