Attorney at Graves McLain Injury Lawyers

Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs

Hospitals are meant to be places of healing, where patients go to recover and get the care they need. However, sometimes, the very place that’s supposed to protect your health is the reason it worsens. When proper safety measures are ignored, infections can spread quickly—and patients may face serious, even life-threatening, complications as a result.

These infections, known as hospital-acquired infections (HAIs), affect thousands of patients each year. While not every disease is preventable, many are caused by avoidable errors, such as poor hygiene, improper sterilization, or miscommunication among medical staff. When an infection results from medical negligence, the hospital may be held legally responsible, and the injured patient may have the right to file a malpractice lawsuit.

What Are Hospital-Acquired Infections (HAIs)?

Hospital-acquired infections, also known as healthcare-associated infections, are illnesses that patients develop while receiving medical treatment. These infections are not present at the time of admission but occur during a hospital stay or procedure.

Common HAIs include:

  • Surgical site infections
  • Bloodstream infections
  • Catheter-associated urinary tract infections
  • Ventilator-associated pneumonia

These infections are often associated with the use of invasive medical devices, such as IV lines, catheters, or ventilators. In many cases, they’re caused by bacteria that are resistant to antibiotics, which makes treatment more complex and potentially more dangerous.

According to the CDC, nearly 100,000 people die each year due to healthcare-associated infections (HAIs) in U.S. hospitals.

Patients with weakened immune systems or those undergoing surgery are especially vulnerable. A hospital’s failure to maintain clean environments and equipment can exacerbate the risk.

When Is a Hospital Liable for an Infection?

Not every infection is a result of medical malpractice. But if a hospital fails to follow basic health and safety protocols and that leads to a disease, it could be held legally responsible.

Examples of negligence may include:

  • Reusing syringes or single-use equipment
  • Leaving surgical sponges or tools inside the body
  • Failing to sterilize instruments
  • Poor hand hygiene by staff
  • Not isolating infectious patients when necessary

In Oklahoma, a successful malpractice claim requires proof that a healthcare provider breached the accepted standard of care and directly caused the injury.

When infections happen due to these kinds of mistakes, it may be grounds for a hospital liability lawsuit.

Real Cases That Show the Impact of Hospital Negligence

In 2018, over 180 patients at W.W. Hastings Hospital in Oklahoma were potentially exposed to HIV and Hepatitis C. A nurse reused syringes while giving medication. Two patients later sued the hospital for emotional distress after not being adequately informed of the exposure.

“In 2018, a syringe reuse incident at W.W. Hastings Hospital led to the potential exposure of over 180 patients to Hepatitis C and HIV.”

In another case, college soccer player Whitney Jarvis had knee surgery at an Oklahoma hospital. Four days later, she had a high fever and Pain. Doctors discovered a surgical sponge had been left inside her knee. She needed three more surgeries and years of physical therapy.

“Leaving surgical tools or sponges inside a patient is considered a ‘never event’ by the Joint Commission—an error so serious it should never happen.”

These cases show how hospital oversights can lead to long-term consequences—and why legal action is sometimes necessary.

Proving a Hospital Infection Was Caused by Negligence

To hold a hospital accountable, specific legal standards must be met. A patient must show that:

  • The hospital or healthcare provider owed a duty of care
  • That duty was breached by not following proper procedures
  • The breach directly caused the infection
  • The infection caused measurable harm

“In Oklahoma, a successful malpractice claim requires proof that a healthcare provider breached the accepted standard of care and directly caused the injury.”

Building a case often involves reviewing medical records, gathering expert testimony, and collecting witness accounts. These are used to establish when the infection occurred and whether it was preventable.

What Compensation Can Be Recovered?

Hospital infections can be severe, especially if they lead to long-term disability, sepsis, or even death. Patients may be entitled to compensation if the hospital is found liable. Recoverable damages may include:

  • Past and future medical bills
  • Lost income from missed work
  • Reduced ability to earn a living
  • Pain and suffering
  • Permanent disability or scarring

Every case is different, and the amount awarded depends on the specific facts and level of harm.

Common Hospital Infections and Their Causes

Type of HAI

Common Causes

Potential Consequences

Surgical Site InfectionImproper sterilization, retained surgical toolsPain, re-operation, delayed healing
Bloodstream InfectionContaminated IV linesOrgan damage, sepsis
Catheter-Associated UTIInsertion technique errors, lack of hygieneKidney infection, discomfort
Ventilator-Associated PneumoniaDirty ventilator tubingLung infection, respiratory failure

Frequently Asked Questions

What are examples of medical malpractice related to infections?

Common examples include failure to sterilize tools, poor hygiene practices, and inadequate communication regarding infection control.

Are all hospital-acquired infections considered malpractice?

No. Some infections are unavoidable. However, if the disease was preventable and resulted from improper care, it may qualify as malpractice.

Is there a time limit to file a medical malpractice claim in Oklahoma?

Yes. In Oklahoma, the statute of limitations is generally two years from the date the injury occurred or was discovered.

Can I sue for emotional distress due to a hospital’s negligence?

In some cases, yes—especially if the hospital’s actions caused significant emotional harm or fear of serious illness.

What damages can I recover in an infection lawsuit?

You may seek compensation for medical bills, lost wages, long-term care, Pain and suffering, and more, depending on your situation.

What is a ‘never event’ in medical malpractice?

A “never event” is a serious, preventable error—such as leaving surgical tools inside a patient—that should never occur in a hospital setting.

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Conclusion

Hospital-acquired infections are more than just a medical setback; they can have severe consequences. They can change lives, delay recovery, and cause lasting harm. While not every infection means negligence, patients have the right to seek accountability when preventable mistakes occur.

If you or a loved one suffered a severe infection after a hospital stay, Graves McLain Injury Lawyers can help. Our team can review your case, investigate what happened, and guide you through the legal process. Getting answers—and justice—starts with understanding your rights.

Please make an appointment for a free consultation with GRAVES MACLAIN INJURY LAWYERS  right now to find out how they can support your future.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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