(845) 802-0047Most people expect that a visit to the doctor or hospital will help them heal, not make them sicker. However, when a healthcare provider is negligent, patients may develop serious infections that worsen their condition and, in some cases, become life-threatening. Medical malpractice can result in a range of avoidable infections, from surgical site infections to bloodstream infections, placing patients at even greater risk. If you or a loved one suffered from an infection due to medical negligence, you should speak with a Troy avoidable infection lawyer.
Contact one of our dedicated surgical error attorneys today for your free consultation.
Medical Treatment Can Lead to Infections
Medical infections occur in various forms. An infection develops when the body encounters a virus, bacteria, or fungus that harms a person’s health. Patients frequently contract infections during medical care, commonly known as hospital-acquired infections (HAIs).
Infections often occur in medical facilities due to:
- Shared and reused medical equipment
- The invasive nature of certain medical procedures
- The patient’s already compromised immune system
A healthcare provider’s mistakes or failure to adhere to a professional standard of care can also lead to avoidable infections. These actions include:
- Surgical errors
- Improper hygiene practices
- Inadequate sterilization procedures
- Failing to adequately monitor the patient
- Misdiagnosis, delayed diagnosis, or failure to diagnose a condition
Since many types of infections contracted at a healthcare facility are avoidable, a patient who became infected while receiving medical treatment should contact a Troy lawyer as soon as possible.
Common Types of Avoidable Infections
Some of the most common types of infections resulting from medical malpractice include:
- Catheter-associated urinary tract infection, or CAUTI
- Central line-associated bloodstream infection also referred to as CLABSI
- Staphylococcus aureus, or a staph infection, which can appear on the skin
- Clostridioides difficile, also known as C. diff, an infection that impacts the colon
- Ventilator-associated pneumonia, or VAP, which can occur if germs or bacteria enter a patient’s breathing tube
- Surgical site infections also referred to as an SSI, which typically occur around an incision but can adversely impact internal organs
- Methicillin-resistant Staphylococcus aureus, commonly known as MRSA, a type of staph infection that is more invasive and resistant to some antibiotics
These infections are preventable in many cases. Since the healthcare provider’s negligence may not always be obvious, a patient suffering a potentially avoidable infection should consult with a Troy attorney.
Patient’s Right to Pursue Medical Malpractice Claim
If a patient in Troy suffers an avoidable infection due to medical errors, the state gives them the right to file a medical malpractice lawsuit within two years and six months from the date of the incident, according to N.Y. C.P.L.R. § 214-a. Failing to meet this deadline will result in the court dismissing the claim.
According to N.Y. C.P.L.R. § 3012-A, the patient’s attorney will also need to file a certificate of merit which certifies that counsel has consulted with a licensed medical professional about the preventable infection and concluded there are reasonable grounds to suspect medical malpractice.
If a plaintiff’s attorney has not consulted with a medical expert when filing the suit, they must show they made three good faith attempts to consult with a doctor or physician.
The evidence necessary to prove a medical malpractice claim can include:
- Healthcare records
- Eyewitness testimony
- Expert witness testimony
- Surveillance video footage or photos
- Records of communication between patient and healthcare provider, such as email or phone
If the medical malpractice lawsuit is successful, there are generally no caps on the amount of compensation a patient can recover. Due to the complexities of proving medical malpractice, patients should speak to a Troy attorney as soon as possible about their avoidable infection incident.
Contact a Troy Attorney to Discuss Your Avoidable Infections Case
If you or your loved one have suffered an infection from visiting a healthcare facility, please contact a Troy avoidable infection lawyer as soon as possible. Delays in filing your claim can limit your ability to recover damages.