Hospital-acquired infections, also called healthcare-associated infections (HAIs), remain one of the most serious threats to patient safety in the United States. Despite decades of awareness campaigns and regulatory efforts, patients continue to be harmed by infections that could have been prevented with proper care. When a hospital or healthcare provider fails to implement and follow infection-control protocols, and a patient suffers serious harm as a result, medical malpractice may be at issue.
What Are Preventable Hospital Infections?
Not every infection a patient develops in a hospital constitutes negligence — surgery and medical care carry inherent risks. However, many hospital-acquired infections are directly linked to failures in basic standards of care. Common types include:
- Central line-associated bloodstream infections (CLABSIs): Infections entering the bloodstream through catheters inserted into large veins
- Catheter-associated urinary tract infections (CAUTIs): Infections caused by urinary catheters left in place unnecessarily or improperly maintained
- Surgical site infections (SSIs): Infections that develop at the site of a surgical incision
- Ventilator-associated pneumonia (VAP): Lung infections in patients on mechanical ventilation
Research published in the New England Journal of Medicine examined whether financial penalties imposed by Medicare on hospitals with high infection rates would reduce those rates. The policy, which began in 2008 under the Centers for Medicare and Medicaid Services, denied additional payments to hospitals where patients developed bloodstream infections or urinary tract infections linked to central lines or catheters. The findings showed no significant reduction in targeted infection rates beyond what was already being achieved through existing prevention campaigns — underscoring that consistent adherence to prevention protocols, not financial incentives alone, is what protects patients.
The Scale of the Problem
The Centers for Disease Control and Prevention estimates that approximately one in 31 hospital patients has at least one healthcare-associated infection on any given day. The financial burden on the healthcare system exceeds $28 billion annually. Beyond the economic impact, preventable infections cause significant patient harm — prolonged hospital stays, additional surgeries, permanent injury, and in severe cases, death.
When Does a Hospital Infection Become a Malpractice Case?
Hospitals and healthcare providers have a legal and ethical duty to follow established infection-control protocols. When a healthcare provider deviates from that standard — through improper sterilization, failure to follow hand-hygiene protocols, unnecessary catheter use, or inadequate monitoring — and a patient develops a serious infection as a result, a medical malpractice or wrongful death claim may be warranted.
In Texas, establishing a hospital infection malpractice claim generally requires demonstrating that a provider-patient relationship existed, that the provider failed to meet the applicable standard of care, that the failure caused the infection, and that the infection resulted in damages. Because these cases often involve complex medical and regulatory evidence, working with an experienced Houston medical malpractice attorney is essential.
Frequently Asked Questions About Hospital Infection Malpractice in Houston
Can I sue a hospital for an infection I got during my stay?
Yes, in some cases. Not every hospital infection gives rise to a malpractice claim — infections are a recognized risk of medical care. However, if the infection resulted from a hospital’s or provider’s failure to follow established infection-control standards — such as improper sterilization, failure to follow hand-hygiene protocols, or unnecessary catheter use — you may have grounds for a medical malpractice claim in Texas. A Houston medical malpractice attorney can evaluate the specific facts of your situation.
What types of hospital infections are most commonly linked to medical negligence?
Central line-associated bloodstream infections (CLABSIs), catheter-associated urinary tract infections (CAUTIs), surgical site infections (SSIs), and ventilator-associated pneumonia (VAP) are among the infections most frequently associated with preventable care failures. These infections are tracked by the CDC and are subject to established prevention protocols. When providers deviate from those protocols and a patient is harmed, it may constitute negligence.
What damages can I recover if a hospital infection caused serious harm?
If you or a loved one suffered serious harm from a preventable hospital infection, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and costs of long-term care. In cases where a family member died from a preventable infection, surviving family members may have a wrongful death claim. Texas imposes a two-year statute of limitations on medical malpractice claims, so it is important to consult an attorney promptly.
How do I prove a hospital was negligent in causing my infection?
Proving hospital negligence in an infection case requires establishing what the applicable standard of care required, demonstrating that the hospital or provider deviated from that standard, and showing that the deviation caused your infection and resulting harm. This typically requires expert medical testimony, a thorough review of your medical records, and an analysis of the hospital’s infection-control records and protocols. An experienced medical malpractice attorney in Houston can guide you through this process.
At Davis & Davis, we represent Houston patients and families who have suffered serious harm from preventable hospital infections and other forms of medical negligence. If you believe inadequate infection control put you or a loved one in harm’s way, contact our office for a consultation.
