Hospital-Acquired Infection Lawsuits in Nevada: Can You Sue?

What Are Hospital-Acquired Infections (HAIs)?

Hospital-acquired infections (HAIs), also called nosocomial infections, are infections that patients contract while getting treatment at a hospital for another condition. They typically appear after 48 hours of admission, which means that they were not incubating in the patient before entering the hospital but instead developed there.

These infections can occur as a result of negligence, especially if providers fail to maintain a clean environment. Cross-contamination is the most common problem, with many people catching these infections from equipment that has not been sterilized, or even directly from the hands of healthcare providers.

Most Common Hospital-Acquired Infections in Nevada

How much variation is there in hospital-acquired infections? Malpractice cases in Nevada involve a number of infection types. Some of the most common are central-line-associated bloodstream infections (CLABSIs). These develop when pathogens, like bacteria, viruses, or fungi, enter your bloodstream via a central line.

For years, Nevada has experienced high numbers of HAI cases involving a fungus called Candida auris. It’s very difficult to treat with existing medications.

Catheter-associated urinary tract infections are also common in Nevada. They can impact any organ associated with your urinary tract and occur because of germs that enter via the catheter. The longer you need to use a catheter, the higher your risk is.

Surgical errors can result in HAIs, too. Surgical site infections make up about 20% of all HAIs in the country. They cause complications that could slow the healing process and put the patient’s life at risk.

Another type of HAI is ventilator-associated pneumonia. It’s a lung infection that occurs in people who need to be on ventilators, since the machine gives germs easy access to the lungs.

Symptoms and Risks of Nosocomial Infections 

The symptoms of nosocomial infections can vary significantly depending on the exact pathogen involved, but most people experience issues such as:

• Fever
• Chills
• Fatigue
• Low blood pressure
• Breathing difficulty
• Increased mucus
• Shortness of breath
• Vomiting
• Diarrhea

HAIs are very dangerous illnesses, especially pneumonia and bloodstream infections. Some of these pathogens are resistant to antibiotics. In all instances, HAIs lead to longer hospital stays and the need for further treatment.

Legal Grounds for Hospital-Acquired Infection Malpractice Claims

Can you sue for hospital-acquired infections? The key is to demonstrate that negligence occurred.

A healthcare provider of any type owes patients a duty to provide the accepted standard of care. If they do anything that fails to live up to that standard, then they could be held responsible for your losses.

Proving Hospital Negligence in HAI Cases 

Sustaining harm when receiving care does not immediately mean that malpractice occurred. You will need to show that another medical provider would not have made the same error.

When Can You Sue a Hospital for Acquired Infections in Nevada? 

When can you sue the hospital for infection issues? You can do so when you can show that the infection occurred as a result of wrongdoing on the provider’s part. This can mean that they did not maintain a sterile field during surgery, used contaminated equipment, didn’t follow standard hygiene practices, and a variety of other similar issues.

Challenges in Proving Medical Malpractice for HAIs

Professional negligence claims are all complex, but medical malpractice lawsuits are particularly challenging. It can be difficult to establish causation, meaning that the other party’s actions led directly to your injuries. The hospital and provider can argue that it was an inevitable risk of receiving treatment, or that pre-existing conditions caused it.

Another challenge you could face is establishing that the other party violated the accepted standard of care. This will require obtaining extensive documentation and testimonies from experts.

Role of Expert Testimony in HAI Lawsuits 

In Nevada, you must present an affidavit of merit from a medical professional in the same field as the defendant when you file a medical malpractice HAI claim. This affidavit establishes that your claim has merit. You will not be able to begin the process without obtaining the affidavit.

Factors Affecting Compensation in Hospital Infection Lawsuits 

In an HAI medical negligence lawsuit, the compensation you receive will be impacted by a number of factors. One of these is the severity of the injuries you sustained. An infection that leaves you with lasting health issues will typically mean higher compensation because you’ll need more medical treatment in the future.

The amount of evidence you have, and its strength, are also factors. If you have substantial proof of malpractice, then it will be more difficult for insurers to dispute how you sustained your injuries. This can lead to faster and more significant settlements.

Calculating Damages for HAI Victims 

Hospital-acquired infection compensation includes economic and non-economic damages. Economic damages address the medical expenses you have had, as well as the cost of future care that you will need.

Compensation will also include lost wages. It’s very likely that you’ll have to miss work to receive treatment. This means missing out on income you would otherwise have made. If that’s the case, then you deserve to be compensated for the lost salary, any commissions, and bonuses.

In the most severe cases, when you can’t return to work, you can obtain compensation for your lost earning potential. To calculate this, your lawyer will look at how long you would have worked and what kind of career trajectory you might have had.

Non-economic damages address losses that are more complex to calculate. They strive to compensate you for the physical and emotional suffering you sustained because of the HAI. To come up with a fair amount, the injury’s severity, your economic damages, and a variety of other factors will come into play.

Hospital Protocols and Infection Prevention Failures 

One common reason for high numbers of HAIs is staff not following hospital protocols. Infection prevention and control measures are in place to help avoid these complications, but if staff have not been properly trained or if they have a significant workload that forces them to rush from patient to patient, cross-contamination can occur.

Wrongful Death From Hospital-Acquired Infections

When an HAI can’t be brought under control, it’s possible for patients to die. This is particularly likely for people with immune system issues, as well as for the very young or elderly.

Filing a wrongful death lawsuit for a hospital-acquired infection is similar to beginning a personal injury claim. The personal representative of the deceased or certain family members can file a wrongful death claim for a loved one in Nevada.

Statute of Limitations for HAI Medical Malpractice in Nevada

In Nevada, the statute of limitations for medical malpractice is three years from the date of the injury or one year from the date that you discovered the injury. If you miss that filing date, it may be impossible to recover your losses.

Steps To File a Hospital-Acquired Infection Lawsuit 

The medical malpractice claims process begins with receiving medical assistance as soon as possible. This not only protects your health but also ensures that you begin leaving a record of your injuries.

You should then consult with a lawyer about your case. These are complex legal procedures that require having someone with experience by your side.

An attorney will have the right contacts among professionals who can provide the affidavit of merit you need, and they will know how to file all of the right paperwork on time and with the appropriate Nevada civil court.

Why Hospitals Get Sued for Infections: Common Negligence

Nosocomial infection lawsuits occur for numerous reasons. One of the most common is surgical errors, like not maintaining a sterile field. Negligence can also occur if a provider reuses a single-use item or if they don’t ensure that all tools and equipment have been properly cleaned. Improper use of invasive devices, like catheters, can also result in infections.

Inadequate infection control protocols or the failure to adhere to them could also be counted as negligence. 

Healthcare Associated Infections in Outpatient and LTC Settings

All healthcare settings can put patients at risk of developing infections if there’s any type of negligence involved. This can occur in primary care centers, urgent care centers, specialized clinics, and long-term care facilities.

Long-term care facilities often see cases involving negligence because of the number of elderly or disabled people they house and the chronic staffing issues that impact these settings. Residents are very vulnerable because of their age or existing health issues, so an infection could be fatal. 

Adam S. Kutner, Injury Attorneys: Top Hospital Infection Attorneys in Las Vegas

If you or a loved one developed a hospital-acquired infection as a result of negligence, you need experienced hospital infection attorneys to assist you. At Adam S. Kutner, Injury Attorneys, we provide the comprehensive legal support you need as you deal with the aftermath of medical negligence.

With compassion, tenacity, and dedication, our team of lawyers can help you fight for your rights in Nevada.

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