What This Page Covers:
- Medical Malpractice: Hospital infections can qualify as medical malpractice if it’s proven that healthcare providers were negligent, such as failing to follow sanitation protocols or properly treat infections.
- Compensation Types: Victims of hospital infections may seek compensation for various economic damages, including medical bills, lost wages, and emotional distress, though non-economic damages in Texas are capped at $250,000.
- Legal Process: It’s crucial to collect comprehensive evidence and establish liability accurately within a two-year statute of limitations to support the claim’s success.
- Davis & Davis Support: We assist clients through gathering evidence, filing claims, and, if necessary, litigation to ensure victims receive the compensation they deserve for hospital infections.
- To schedule a free case evaluation today and speak to a real C-section complications attorney, please call our office at (888) 522-9444 or fill out our contact form.
When you are admitted into the hospital, whether it is for a planned surgery or part of an emergency visit, there is a certain expectation that you will be treated with professionalism and to the best of the staff’s ability. However, if you leave the hospital with a hospital infection, also known as a post-surgical infection, you have been let down by someone at the hospital, whether it be the doctor, the nurses, or other attending staff. Hospital infections are a form of medical malpractice that can leave the victim vulnerable to many more operations and longer stays, resulting in piles of medical bills.
Medical malpractice victims, like any other form of personal injury, are entitled to compensation for their damages and are encouraged to reach out to a compassionate and knowledgeable Houston hospital infection lawyer as soon as possible. Davis & Davis is proud to offer nearly 70 years of combined experience and documented success within our community for those who have suffered at the hands of negligent healthcare professionals.
When Is a Hospital Infection Considered Medical Malpractice?
Hospital infections can be a serious risk in healthcare settings, but not every infection contracted within a hospital constitutes medical malpractice. For an infection to be considered medical malpractice, it must be proven that the healthcare providers were negligent in their duties. This negligence might involve failing to follow established sanitation protocols, improper use of medical equipment, or inadequate hand hygiene.
Additionally, if healthcare providers fail to recognize and appropriately treat an infection in a timely manner, it can also be grounds for a malpractice claim. The key factor is whether the standard of care was breached; this standard is determined by the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.
Determining liability requires a thorough investigation into the circumstances surrounding the infection. For instance, if an infection occurred post-surgery, it would be crucial to examine if the surgical instruments were sterilized properly or if the surgical staff followed all procedural protocols. Legal claims for hospital infections hinge on demonstrating that the care provided deviated from the norm and directly caused the patient harm. Davis & Davis has the skill and knowledge to dissect these complex scenarios, leveraging deep legal and medical competence to advocate for patients’ rights.
Types of Compensation For Hospital Infection Victims
Hospital infections can be life-threatening and cause a variety of added symptoms. This can cause the victim’s medical bills to continue to pile up with charges that would not have existed had their healthcare provider not been reckless or negligent with their care. The team at Davis & Davis is acutely aware of how beneficial financial compensation and justice can be for our clients, which is why we fight aggressively to help obtain the full amount of damages offered. For typical hospital infection cases, some types of compensation you may be eligible for include:
- Past, present, and future medical bills
- Emergency visits to the hospital
- Rehabilitative or physical therapy
- Lost wages due to missed work or the inability to continue your regular vocation
- Emotional trauma
- Depression or anxiety as a direct result of your infection
Currently, the state of Texas has a cap on non-economic damages, meaning you are unable to receive over $250,000 for your endured pain and suffering. There is no current limitation on economic damages for medical malpractice claims.
How a Dedicated Hospital Infection Attorney From Davis & Davis Can Help
Don’t try to navigate the aftermath of your medical malpractice case alone. Not only is filing your claim without the assistance of a Houston hospital infection lawyer more likely to result in a smaller settlement, but it can really take a toll on your physical and mental health to operate in the world of personal injury while actively recovering from your life-threatening injuries. While you concentrate on healing, Davis & Davis will begin work on the following aspects:
Collecting Evidence
A claim will not result in a settlement without evidence fully demonstrating that your injuries are a direct result of the healthcare provider’s negligence. In order to show this, our Houston hospital infection attorneys will immediately begin an investigation surrounding the circumstances of your infection. This includes collecting and assessing any potentially relevant information, such as photographic or video evidence of your infection, hospital staff logs, detailed medical records, and professional medical testimony.
Filing Your Claim
Texas currently allows victims of medical malpractice to file a claim for damages within a two-year statute of limitations. This means you have exactly two years from the date of injury to file a claim with all of the necessary paperwork. Medical malpractice cases can be tricky when it comes to discovering the date of injury, as you may not have a firm grasp on your infection and what caused it. Our Houston hospital infection attorneys can help you distinguish a date through the use of detailed medical records.
Establishing Liability
With the gathered evidence and information, liability will be established on the behalf of the medical provider. This will be done through the components of negligence, which include the expected standard of care, the breach of that care, and the demonstrated link between the negligent action and your injuries. In simple terms, liability will be proven by showing that, if not for the reckless actions of your doctor, nurse, or other party, you would not have suffered your infection.
Will Your Medical Malpractice Claim Have to Be Settled in Court?
Not all medical malpractice claims, including those involving hospital infections, necessarily end up in court. Many cases are resolved through out-of-court settlements. This approach can often be more cost-effective and less time-consuming than a trial. At Davis & Davis, we strive to negotiate a fair settlement that adequately compensates you for your losses without the need for a lengthy court battle.
If a satisfactory settlement cannot be reached, our experienced legal team is fully prepared to take your case to trial to seek the justice you deserve. The decision to settle or go to trial depends on multiple factors, including the strength of the evidence, the degree of alleged negligence, and the specifics of the case. Our goal is to guide you through the legal process with skill and support, advocating for your rights and best interests every step of the way.
Speak to a Houston Hospital Infection Lawyer About Your Case at Davis & Davis Today
Davis & Davis has earned a reputation in Houston for putting our client’s needs first. This means you will have direct access to a reputable and distinguished Houston hospital infection attorney throughout the entire process, from the very first consultation to the final settlement agreement. We will use every tool under our belt to fight for your rights and to get you the compensation you rightfully deserve after the occurrence.
Our hospital infection lawyers in Houston proudly serve cases nationwide, so do not hesitate to reach out with your questions and concerns. To schedule a free case evaluation today with an actual Houston hospital infection attorney, please call our office at (888) 522-9444 or fill out our contact form.
