Last updated on October 31st, 2025 at 11:45 am
Infections in hospitals are one of the most common examples of medical malpractice and can be deadly. But while many patients acquire infections during hospital stays, most of these cases do not rise to the level of medical malpractice. It’s often nearly impossible to prove where an infection came from, especially when patients are already vulnerable due to illness, surgery, or weakened immune systems.
However, not all infection-related injuries are a legal dead end. Sometimes, infections can lead to successful medical negligence claims, particularly when they result from a failure to diagnose and treat the infection in time, or when the infection follows an unnecessary or improperly performed medical procedure.
When Is an Infection Grounds for a Medical Negligence Claim?
There are two common scenarios where patients may have a strong legal case:
1. Failure to Diagnose or Treat an Infection
If medical staff fail to recognize the signs of infection early, such as a fever, inflammation, abnormal blood work, or post-operative complications, and do not act quickly to treat it, patients can suffer serious harm or death. Delayed diagnosis may lead to:
- Sepsis or septic shock
- Loss of limbs or organ failure
- Prolonged hospitalization and recovery
- Wrongful death
Medical professionals must monitor patients, especially after surgery or invasive procedures. When they fail to do so, and the delay in treatment causes additional harm, that may be considered malpractice.
2. Infection Following Unnecessary or Negligently Performed Surgery
In some cases, infections occur because the surgery itself should not have been performed at all, or was improperly carried out. For instance:
- Performing surgery without a medical necessity
- Using improper sterilization techniques
- Leaving foreign objects in the body
- Failing to use antibiotics or proper wound care
These situations may rise to the level of gross negligence, especially when proper protocols are ignored or when the risk of infection was foreseeable and avoidable.
Why Not All Hospital-Acquired Infections Are Actionable
It’s important to be realistic. Many people want to take legal action after acquiring a hospital infection, but unless there is clear evidence of negligence, these cases rarely succeed. Proving exactly when and where a pathogen was introduced is difficult. Hospitals are full of bacteria and viruses, and courts generally accept that not all infections are preventable.
However, when an infection is a result of a clear medical error – or becomes much worse because of one – this changes the equation. That’s where our attorneys can help you determine whether your case has merit.
Talk to an Experienced Medical Negligence Lawyer
At Garmey Law, we don’t take cases we don’t believe in. But if you or a loved one suffered serious harm from an infection due to medical negligence, especially from delayed diagnosis or unnecessary procedure, we want to hear your story.
Reach out for a free consultation today. Call (207) 899-4644 or contact us to learn how we can help you.