Is a Hospital Infection Medical Malpractice?
June 30, 2026
When patients enter a hospital, they expect to receive treatment that improves their health, not leave with a serious infection. While hospitals work hard to prevent the spread of bacteria and viruses, infections still occur every day in healthcare settings across the United States. For some patients, what begins as a routine surgery, hospital stay, or medical procedure can quickly turn into a life-threatening situation when an infection develops.
Not every hospital-acquired infection is the result of medical negligence. However, when a healthcare provider, nurse, doctor, or hospital fails to follow accepted safety protocols and a patient becomes seriously ill as a result, the infection may form the basis of a medical malpractice claim.
At Lowenthal & Abrams, P.C., our team includes an on-staff medical doctor and registered nurse who help evaluate complex medical malpractice cases. By reviewing medical records, infection control procedures, and treatment decisions, we can determine whether preventable mistakes contributed to a patient’s infection and resulting injuries.
What Makes a Hospital Infection Medical Malpractice?
A hospital infection may be medical malpractice if it was caused by a healthcare provider’s failure to meet the accepted standard of care.
The standard of care refers to the level of treatment and attention that a reasonably careful healthcare provider would provide under similar circumstances. Hospitals and medical professionals are expected to take reasonable steps to reduce the risk of infection and respond appropriately when an infection develops.
This includes maintaining clean facilities, following sterilization procedures, washing hands, monitoring patients for signs of infection, and providing timely treatment when needed.
If a healthcare provider fails to follow these standards and a patient suffers harm, the patient may have grounds for a medical malpractice lawsuit.
What Is a Hospital-Acquired Infection?
A hospital-acquired infection, sometimes called a healthcare-associated infection (HAI), is an infection that develops during a hospital stay or shortly after receiving medical treatment. These infections are not usually present when the patient first arrives for care.
Hospital-acquired infections can occur in hospitals, surgical centers, rehabilitation facilities, and nursing homes.
Common hospital-acquired infections include:
- Surgical site infections
- Bloodstream infections
- Catheter-associated urinary tract infections (CAUTIs), which can occur when a urinary catheter introduces bacteria into the body
- Ventilator-associated pneumonia
- Methicillin-resistant Staphylococcus aureus (MRSA), a bacterial infection that can be difficult to treat with certain antibiotics
- Clostridioides difficile (C. diff) infections, which can cause severe diarrhea and intestinal complications
Some infections can be treated successfully with antibiotics, while others can lead to severe complications, permanent injuries, or death.
What Are the Signs of a Hospital Infection?
Recognizing the signs of an infection early can help prevent serious complications. Common symptoms may include:
- Fever
- Chills
- Redness around a surgical site
- Swelling
- Increased pain
- Drainage from a wound
- Fatigue
- Shortness of breath
- Rapid heart rate
Patients who develop these symptoms during a hospital stay or after a medical procedure should seek medical attention as soon as possible. Early diagnosis and treatment can often prevent an infection from becoming more serious.
How Do Hospital Infections Happen?
Hospital infections can occur for many reasons. In some situations, an infection develops despite appropriate medical care. In others, the infection may have been preventable.
Common causes of preventable hospital infections include:
Poor Hand Hygiene
Healthcare providers are expected to wash or sanitize their hands before and after patient contact. Failing to follow basic hand hygiene practices can allow dangerous bacteria and viruses to spread between patients.
Improper Sterilization of Equipment
Medical instruments must be properly cleaned and sterilized before use. Contaminated equipment can introduce bacteria directly into a patient’s body.
Failure to Follow Infection Control Procedures
Hospitals are required to follow infection prevention protocols designed to reduce the spread of disease. When staff members ignore these procedures, patients may be placed at unnecessary risk.
Delayed Diagnosis of an Infection
Recognizing the early signs of infection is often critical. Symptoms such as fever, redness, swelling, unusual drainage, or changes in laboratory results may indicate that an infection is developing. If healthcare providers fail to recognize these warning signs, a treatable infection can become a serious medical emergency.
Delayed Treatment
Even after an infection is identified, delays in treatment can allow the condition to worsen. Prompt treatment may help prevent severe complications and long-term harm.
When Does a Hospital Infection Become Medical Malpractice?
Not every infection automatically results in a valid malpractice claim. To pursue a medical malpractice case, patients generally must show that:
Duty of Care
A healthcare provider owed a duty of care to the patient.
Breach of the Standard of Care
The provider failed to act according to accepted medical standards.
Causation
The provider’s actions or inaction contributed to the infection or made the infection worse.
Damages
The patient suffered harm as a result, such as additional medical treatment, lost income, permanent injury, or death. Simply developing an infection does not necessarily mean malpractice occurred. There must be evidence that a preventable error contributed to the patient’s injuries.
What Complications Can Hospital Infections Cause?
Some hospital infections can become life-threatening if they are not diagnosed and treated quickly. Potential complications include:
- Sepsis
- Organ failure
- Extended hospital stays
- Additional surgeries
- Long-term disability
- Permanent tissue damage
- Amputations in severe cases
- Wrongful death
For some patients, recovery may require months of treatment, rehabilitation, and ongoing medical care.
What Is Sepsis and Why Is It So Dangerous?
Sepsis is one of the most serious complications of a hospital infection. It occurs when the body’s response to an infection triggers widespread inflammation that can damage organs and tissues throughout the body.
Without prompt treatment, sepsis can progress rapidly and become life-threatening. Symptoms may include:
- Fever
- Rapid heart rate
- Difficulty breathing
- Confusion
- Extreme pain or discomfort
- Low blood pressure
Many hospital infection malpractice claims involve situations where healthcare providers failed to recognize or respond to the warning signs of sepsis.
How Do You Prove a Hospital Infection Malpractice Case?
Medical malpractice cases involving hospital infections often require a detailed review of medical records and infection control procedures. Important evidence may include:
- Medical records
- Nursing notes
- Laboratory test results
- Surgical records
- Infection control documentation
- Hospital policies and procedures
- Testimony from medical professionals
At Lowenthal & Abrams, P.C., our legal team works closely with our on-staff medical doctor and registered nurse to evaluate whether preventable mistakes contributed to a patient’s infection.
In Pennsylvania, medical malpractice lawsuits generally require a Certificate of Merit. This document confirms that a qualified medical professional reviewed the case and found evidence that medical negligence may have occurred.
What Compensation May Be Available?
Every case is different, but compensation may be available for:
Medical Expenses
This may include hospitalization, medications, surgeries, rehabilitation, and future medical treatment.
Lost Income
Patients may recover compensation for time missed from work and reduced future earning capacity.
Pain and Suffering
Serious infections can cause significant physical pain, emotional hardship, and a reduced quality of life.
Wrongful Death Damages
When a preventable infection results in death, surviving family members may have the right to pursue compensation under applicable state law.
What Should You Do If You Suspect a Preventable Hospital Infection?
If you believe a hospital infection may have been caused by medical negligence, consider taking the following steps:
- Request copies of your medical records
- Follow your current treatment plan
- Keep records of medical expenses and symptoms
- Document conversations with healthcare providers
- Speak with an attorney as soon as possible
Medical malpractice claims are subject to filing deadlines, so waiting too long may affect your legal rights.
Frequently Asked Questions
Are All Hospital-Acquired Infections Considered Medical Malpractice?
No. Some infections can occur even when healthcare providers follow appropriate medical standards. A malpractice claim generally requires evidence that a preventable mistake contributed to the infection or resulting harm.
Can I Sue a Hospital for an MRSA Infection?
Possibly. If an MRSA infection resulted from a hospital’s failure to follow accepted infection prevention procedures or properly treat the infection, you may have grounds for a medical malpractice claim.
What Is the Difference Between a Hospital Infection and Medical Negligence?
A hospital infection is a medical condition. Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care. Not every infection involves negligence, but some infections are linked to preventable medical errors.
Can Family Members File a Lawsuit if a Hospital Infection Caused a Loved One’s Death?
In some situations, surviving family members may be able to pursue a wrongful death claim if a preventable infection contributed to a loved one’s death. The specific rights available depend on state law and the facts of the case.
How Do I Know if My Hospital Infection Was Preventable?
Many hospital infections occur despite appropriate medical care. However, an infection may have been preventable if healthcare providers failed to follow proper sterilization procedures, ignored signs of infection, failed to wash their hands, or delayed diagnosis and treatment. A review of the medical records is often necessary to determine whether negligence played a role.
Discuss Your Case With Lowenthal & Abrams
A preventable hospital infection can lead to serious health complications, additional medical expenses, and lasting physical and emotional challenges.
Since 1975, Lowenthal & Abrams, P.C. has represented individuals and families affected by serious medical negligence. Our team includes an on-staff medical doctor and registered nurse who help evaluate the medical issues at the center of these complex cases.
If you believe a hospital infection was caused by medical negligence, contact Lowenthal & Abrams, P.C. to schedule a free consultation. We can review the circumstances surrounding your infection and help you understand whether you may have a medical malpractice claim.