Doctors and hospitals must care for patients before, during, and after surgery. It is often during the post-surgery recovery that infection can become a problem for the patient. This may indicate medical negligence.
You deserve quality healthcare, and when you don’t receive it, your health and even your life could be in jeopardy. If you or a loved one developed an infection due to your surgery, let the New York medical malpractice attorneys of Carden Dotzler Hammond, PLLC review your case.
What Kinds of Infections Should You Know About?
Healthcare-associated infections, or HAIs, are infections that patients develop while receiving care at a hospital or other medical facility. A more specific kind of infection that surgery patients must know about are called Surgical Site Infections, or SSIs.
An SSI may develop when germs enter the patient’s body during or soon after the surgery. Bacteria such as staphylococcus, streptococcus, and pseudomonas are among the primary culprits. The CDC groups SSIs into one of three categories:
- Superficial incisional: As the term “superficial” indicates, this type of infection only affects the skin surrounding the location where the surgery is performed.
- Deep incisional: This infection goes deeper, harming the muscle and tissue that is below the surgery site.
- Organ or space: An infection that affects the internal organ or the space surrounding the organ that is involved in the surgery, this SSI is often the most serious type.
Possible Symptoms of an SSI
You should begin recovering fairly soon after your surgery ends. However, if you notice the following signs, you may have an infection:
- Redness, swelling, or warmth at the surgery site, especially if it worsens rather than improves
- Pus or unusual drainage around the surgery site
- Foul odors around the wound
- Little to no healing or improvement of the wound
- Worsening pain
- Fever, especially if your temperature exceeds 100°F
- Chills
- Fatigue
Infections can lead to serious, sometimes life-threatening complications. Many patients require urgent medical attention that leaves them with significant medical bills, lost income from work, pain and suffering, and other losses.
When Does an Infection Indicate Malpractice?
Simply having a surgical infection does not necessarily mean that the hospital or doctor committed medical malpractice. Some patients develop infections due to their age or pre-existing health conditions. So there must be more evidence than the infection itself.
Hospitals in New York are required to follow strict standards of care to ensure their patients remain healthy. The departure from such standards is where malpractice occurs. In other words, it’s not just a mistake that proves malpractice, but an unreasonable one.
When hospitals make mistakes that other, similarly situated and reasonably careful facilities would not make, these mistakes likely point to medical malpractice. Regarding surgery infections specifically, these errors may include:
- Leaving surgical instruments, sponges, and other foreign objects in the patient’s body
- Poor wound care procedures or not leaving adequate instructions with nurses
- Failing to monitor the patient after surgery
- Not using properly sterilized surgical instruments and equipment
- Not following hygiene and sanitation protocols
- Allowing unclean conditions in the operating room
To prove a medical malpractice claim in New York, the injured patient will need to demonstrate these elements:
- Duty of care: The doctor-patient relationship imposes an obligation upon the medical professional or facility to follow certain standards of care.
- Breach: Violating the applicable standard of care is a breach, and it may involve one of the examples above.
- Causation: The breach must directly cause the patient’s injuries.
- Damages: The patient must incur financial and personal losses as a result of the malpractice, which may include medical bills to treat the infection.
How Our Medical Malpractice Attorneys Can Help
CDH Law has represented numerous victims who developed infections and other complications following surgery at New York hospitals. Our medical malpractice lawyers are ready to assist by:
- Investigating why and how the infection occurred
- Acquiring evidence that indicates medical malpractice
- Identifying the parties who may be held liable (e.g. hospital, doctors, and others)
- Determining the value of your damages
- Hiring expert witnesses who can testify as to the applicable standard of care, among other matters
- Negotiating a settlement with the at-fault parties and their insurers, if possible
- Taking your care to trial if the insurers and lawyers representing the at-fault parties refuse to negotiate in good faith
If you were injured, you should explore your legal options for recovering the monetary compensation that you deserve. Reach out to CDH Law to schedule your initial case consultation today.