(845) 802-0047By putting their health in the care of trusted medical providers, patients rightly expect physicians, nurses, and staff to follow all mandatory protocols and best practices for sanitation and hygiene. If a patient develops an avoidable infection due to negligent sanitation and safety procedures, they may suffer grave injury or even death. Contact a Newburgh avoidable infection lawyer today if you contracted an infection during a recent hospital stay. You may be entitled to damages for your injuries, any lost wages, and suffering. A dedicated surgical errors lawyer could help you pursue the compensation you deserve from the parties that harmed you.
Causes of Avoidable Infections
While there are numerous factors that may put a patient at increased risk for suffering an infection in a hospital or other medical facility, the following are among the most common:
- Injections
- The patient just had surgery
- Endotracheal, urinary, or bloodstream catheters
- Communicable diseases transmitted by medical staff
- The hospital or medical facility is not sufficiently disinfected and sanitized
- Using antibiotics incorrectly or excessively
The elderly and patients with a weakened or compromised immunity system may be at higher risk of acquiring an infection during a hospital stay. The duration and location of the patient’s stay could also impact their chance of infection.
What Are Some Common Symptoms of Infection in Avoidable Infection Cases?
Coughing, fever, digestive distress, diarrhea, nausea, and headaches may all indicate a patient is suffering from an infection. Other symptoms of an infection may include burning sensations while urinating and wound inflammation. If there is reason to believe that a patient has been infected while in the hospital, it is imperative that they seek medical help as soon as possible to protect their health.
Common Types of Avoidable Infections
Individuals who have contracted avoidable infections in a healthcare setting should consider speaking with a Newburgh attorney to discuss whether they may be owed compensation. Common types of infections that might have been prevented by adequate and thorough hygiene and care include:
- Surgical site infections
- Urinary tract infections
- Pneumonia
- Clostridium difficile infections (C. diff)
- Sepsis
- Meningitis
- Central-line associated bloodstream infections (CLABSI)
- Methicillin-resistant Staphylococcus aureus (MRSA) infections
How is Negligence Determined in Newburgh Avoidable Infection Cases?
Medical malpractice lawsuits in Newburgh generally use negligence to make a claim. Under this theory, the doctor must have owed the victim a legal duty of care, the doctor must have violated that duty by failing to adhere to the industry standard of care, and the victim must have suffered injuries as a direct result of the doctor’s breach.
Pursuant to New York Civil Practice Law & Rules §3012-A, a Newburgh attorney representing an avoidable infection victim must file a certificate of merit at the same time they file the malpractice lawsuit. This certificate affirms that the attorney has discussed the plaintiff’s case with at least one licensed doctor in the appropriate field and determined that there is just cause to file a negligence-based lawsuit. If the statutory deadline is close, the certificate of merit may be filed within 90 days of initiating lawsuit proceedings.
Pursuing Monetary Damages For a Preventable Infection
Individuals who have suffered avoidable infections due to a healthcare provider’s negligence may be entitled to a range of monetary damages, including medical bills, lost income, pain, and suffering. However, N.Y. C.P.L.R. §214-A provides malpractice victims just two years and six months from the date of their injury to file a claim, or forfeit their right to compensation.
The 30-month deadline may be extended under certain circumstances such as when the patient was receiving ongoing treatment with the medical provider. In those cases, the statutory period does not start until the patient completes their treatment. A knowledgeable medical malpractice attorney could help an injured party understand and comply with the applicable statute of limitations.
Speak with a Newburgh Avoidable Infection Attorney
If you have suffered an avoidable infection and suspect that a medical provider’s negligence is the cause, speak with a Newburgh avoidable infection lawyer right away to discuss your potential claim. You may be eligible to collect monetary damages for your financial, physical, and emotional losses. Call today to start working on your case and pursue the justice you deserve.