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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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