I recently had surgery and acquired an infection that resulted in an additional 5-day stay in the hospital. Do I have a medical malpractice case? Who is responsible for the extra costs?
In general, it is very difficult to prove that a doctor or hospital is liable for a post-operative infection - infections are common in hospitals and difficult to prevent. As with any other medical malpractice case, however, in order to find that the doctor and/or hospital were liable, you will have to prove that there was a breach of the standard of care (a reasonable hospital would have been effective in preventing the infection) and that the infection caused an additional five-day stay.
Many elements will play into the standard of care argument: whether the hospital had an effective infection plan in force; whether the doctor used proper surgical procedures and whether hospital, doctors and the other hospital workers were following infection control protocols. If you are successful in your argument that the hospital or doctor malpractice caused the infection and that the infection led to an additional five days of hospitalization, the hospital or doctor would be responsible for the extra cost.
For specific advice on this and any other medical malpractice issue, you should consult with a medical malpractice attorney in your area.
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