There are certain risks that come with medical procedures. One is the potential for a serious infection. A common example, a staph infection, can develop after surgery and cause severe pain, a longer recovery, expensive treatment or even death. It is helpful for patients and loved ones to have a basic understanding of when the development of a staph infection is not just an accepted risk but a sign of malpractice.
How these infections happen
Hospitals and surgical teams must clean their tools, wash their hands and follow safety rules to prevent infections. When they skip these steps, the chance of getting sick goes up.
However, getting an infection doesn’t automatically mean a doctor messed up. Many people naturally carry staph on their skin and infections can happen even when doctors do everything right. That’s why experts must look at every situation individually.
When medical malpractice may be involved
A hospital or healthcare provider may be liable for a staph infection if preventable mistakes, such as improper sterilization, poor wound care or non-compliance with established infection control protocols, caused it. However, not every infection after surgery amounts to malpractice. To prove a claim, a patient generally must establish four elements:
- The provider owed a duty of care
- The medical provider failed to meet or violated that standard of care
- The breach caused the infection or another complication
- The patient suffered physical, emotional or financial harm
Medical records, lab results, hospital infection-control records and treatment notes may help show when the infection began and how providers handled it. Medical opinions from qualified professionals may also help explain whether the care met accepted standards. Still, records and opinions alone do not prove malpractice. The evidence must connect the alleged mistake to the patient’s harm.
What to do next
Anyone who develops a staph infection after surgery should get medical care right away and follow all treatment instructions. It is also wise to keep copies of discharge papers, test results, bills and follow-up notes.
Under Louisiana law, medical malpractice claims generally must be filed within one year of the alleged malpractice or its discovery, subject to an outside limit of three years from the date of the incident. Special rules and exceptions may affect these deadlines. Speaking with a medical malpractice attorney promptly can help patients understand the applicable filing requirements and preserve their legal options.
