Hospital Acquired Infections

Hospital-acquired infections (HAIs) – also known as nosocomial infections – are defined as infections that occur during the course of medical care in a hospital or healthcare facility and are not present or incubating at the time a patient is admitted. These infections typically develop 48 hours or more after hospital admission and can arise during a hospital stay, after surgery, or following the use of medical devices such as catheters or ventilators.

HAIs can affect nearly any part of the body but are most commonly found in areas vulnerable to contamination or exposed during medical procedures—such as the lungs, urinary tract, bloodstream, and surgical wounds.

Hospital-acquired infections are a serious public health concern because they can:

• Delay recovery and prolong hospital stays
• Lead to complications that require additional treatment or surgery
• Cause long-term disability or death, particularly in already vulnerable patients
• Contribute to the spread of antibiotic-resistant bacteria

Preventing HAIs is a top priority in modern healthcare, and hospitals are expected to implement strict infection control protocols to minimize the risk. These protocols include hand hygiene practices, sterilization of equipment, appropriate use of antibiotics, and isolation precautions for contagious patients. When these measures are ignored or inconsistently applied, the risk of infection rises sharply.

Not all HAIs are caused by negligence. However, when an infection results from a breakdown in basic infection control practices, a failure to monitor for signs of infection, or a delay in appropriate treatment, it may be a sign of medical malpractice.

Hospitals and healthcare providers have a duty to protect patients from avoidable harm. When an infection results from a failure to meet accepted standards of care, it may be a form of medical malpractice.

Examples of negligent conduct that may cause preventable HAIs include:

• Failure to follow sterile technique during surgery or catheter insertion
• Improper hand hygiene by staff
• Inadequate disinfection of rooms, equipment, or surgical instruments
• Delayed diagnosis or treatment of an infection
• Poor communication among care teams
• Understaffing or insufficient infection control procedures

A hospital’s failure to enforce proper infection control can cause devastating harm—prolonged hospitalization, multiple surgeries, permanent disability, or death.

Hospital-acquired infections can affect any patient, but certain individuals are at significantly higher risk due to factors that impair the body’s ability to fight off infection or increase exposure to invasive medical interventions. These include:

• Elderly patients, whose immune systems are often weakened due to age-related changes, chronic conditions, or malnutrition. They may also be more likely to require long hospital stays or undergo invasive procedures that increase infection risk.
• Immunocompromised individuals, such as cancer patients receiving chemotherapy, transplant recipients taking immunosuppressant medications, or individuals with autoimmune diseases. These patients have reduced ability to fight even minor infections, making exposure especially dangerous.
• Patients undergoing surgery, particularly those with open wounds, implanted devices, or compromised skin barriers. If proper sterile technique is not followed, bacteria can enter the body during or after surgery and cause serious post-operative infections.
• Patients using ventilators or urinary catheters, which are common sources of infection when not handled according to strict hygiene protocols. These devices bypass the body’s natural defenses and create direct pathways for bacteria to enter the lungs or urinary tract.
• Patients in intensive care units (ICU), who are often in critical condition and require multiple interventions, frequent handling, and extended use of invasive equipment. ICUs are high-risk environments where even minor lapses in infection control can have major consequences.

Hospitals are expected to identify patients at elevated risk for infection and implement targeted precautions, such as enhanced monitoring, contact isolation, frequent handwashing, and proactive decontamination of equipment and surfaces. Failure to assess individual risk and apply appropriate preventive measures may constitute negligence.

For these vulnerable patients, even a minor infection can rapidly escalate into sepsis, organ failure, or death. When hospitals fail to provide the standard of care required to protect high-risk patients from preventable infections, the result is not just a medical setback—it may be grounds for a medical malpractice claim.

The law limits the amount of time you have in which to file a medical malpractice case in Pennsylvania.

Statute of Limitations: You typically have two years from the date of injury to file a medical malpractice case in Pennsylvania.

Minors Tolling Statute: In a case where the victim is a child (under 18), the statute of limitations does not apply until the child reaches 18. This means that a claim must be filed before the child turns 20.

In many medical malpractice cases a settlement is reached without trial. In order to determine and agree upon the amount of a settlement, the following factors are considered:

• Establish the full extent of the injury or illness caused by medical malpractice.
• Determine the future needs of the cancer patient, including expected medical costs and costs associated with living with the illness, such as retrofitting of the home, devices and appliances that may be required, & long-term personal care.
• Determine the maximum recovery obtained in similar cancer misdiagnosis cases that may have set a precedent.
• Calculate how much the victim would have reasonably made in wages over the course of their lifetime, or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
• Consider the risks associated with trial and compare those risks for the victim and defendant physicians and nurses or hospital.