Hospital-Acquired Infections and Negligence

When you go to a hospital, you expect to get better—not sicker. Sadly, hospital-acquired infections (HAIs) are a real risk for patients in Philadelphia and across the country. These infections happen during a stay in a healthcare facility and can turn a routine procedure into a serious health crisis. If you or a loved one suffered an infection due to poor care, a Philadelphia medical malpractice lawyer can help you understand if negligence played a role and what your legal options are.

How Hospital-Acquired Infections Happen

HAIs can result from many types of negligence. Common examples include staff failing to wash their hands, using unsanitary medical equipment, or not following infection control protocols. Infections like MRSA, C. difficile, surgical site infections, and urinary tract infections are just a few that can happen in hospitals and nursing homes. If a hospital skips important safety steps—such as cleaning surfaces, sterilizing tools, or isolating contagious patients—these lapses can have serious consequences.

In many cases, patients are already vulnerable, recovering from surgery or illness. When they develop an infection, recovery is delayed. Sometimes, infections cause permanent damage or even death. If you believe your illness resulted from negligence, a Philadelphia personal injury lawyer can review your situation and explain your options.

Under Pennsylvania law, hospitals must provide care that meets accepted medical standards. If a healthcare provider fails to follow these standards and a patient is harmed, it may be considered medical malpractice. To win a hospital-acquired infection case, you’ll need to prove the hospital or staff did not act reasonably—or that they failed to prevent an infection they should have known was preventable.

This often requires medical records, evidence of infection control violations, and an expert’s opinion that the care fell below the standard. Pennsylvania law, including the Health Care Services Malpractice Act, requires a report from a qualified expert to support your claim. A medical malpractice lawyer can guide you through gathering this evidence and building a strong case.

Damages You Can Recover for Hospital-Acquired Infection Injuries

If you’ve suffered harm from a hospital-acquired infection, you may be able to recover compensation for your losses. This can include medical bills, extra surgeries or treatments, lost wages, pain and suffering, and costs for long-term care or rehabilitation. In rare cases where the hospital’s conduct was reckless, you may also be awarded punitive damages.

There are special limitations on damages if your infection occurred in a government-run hospital. Under Pennsylvania law, damages in claims against Commonwealth agencies are capped at $250,000 per person or $1,000,000 total per incident. Claims against local agencies are capped at $500,000. If your infection happened at a private hospital, there’s no cap. Consult a medical malpractice attorney to understand how these rules affect your case.

Deadlines for Filing a Hospital Negligence or Infection Lawsuit

Pennsylvania law usually gives you two years from the date you knew or should have known about your injury to file a medical malpractice lawsuit. If the case involves a child, the deadline is extended until the child’s 20th birthday. If your claim is against a government hospital, you must file written notice with the agency within six months of your injury. Missing these deadlines may prevent you from recovering any damages.

There are exceptions for cases involving fraud or concealment. If you suspect deliberate efforts to hide what really happened, the time limit may be extended. Speak with a medical malpractice lawyer as soon as possible to protect your rights.

Why a Medical Malpractice Lawyer Makes a Difference in HAI Cases

Hospital-acquired infection cases are tough to prove. Hospitals often deny wrongdoing and have legal teams ready to fight claims. A medical malpractice attorney can help level the playing field by gathering evidence, working with medical experts, and dealing directly with the hospital and its insurance company. Most attorneys in Philadelphia handle these cases on a contingency fee basis, so you only pay if you win.

Getting legal help early gives you the best chance to hold the hospital accountable—and get the financial support you need to recover.

FAQs About Hospital-Acquired Infections and Negligence

What qualifies as a hospital-acquired infection in a malpractice case?

A hospital-acquired infection is an infection you develop while receiving care in a hospital or medical facility, not present or incubating when you were admitted. If the infection happened because the hospital or staff did not follow proper safety protocols, it may be considered negligence. A medical malpractice lawyer can review your case and advise if you have a claim.

How long do I have to file a lawsuit for a hospital-acquired infection in Pennsylvania?

In most cases, you have two years from the date you discovered the infection or injury to file a lawsuit. If the claim is against a government hospital, you must file written notice within six months. For children, the time to file is extended until their 20th birthday. Contact a medical malpractice lawyer to make sure you meet all deadlines.

Who can be held liable for a hospital-acquired infection?

Hospitals, doctors, nurses, and other healthcare staff can be held liable if their negligence led to your infection. Sometimes, more than one party is responsible. A Philly medical malpractice attorney can help identify everyone who may be at fault.

What damages can I recover for injuries from a hospital-acquired infection?

You can seek compensation for medical bills, pain and suffering, lost wages, extra treatments, and long-term care needs. If the infection occurred in a government hospital, damages may be capped. Talk to a Philadelphia personal injury lawyer to understand what your case may be worth.

Other Resources About Types of Medical Malpractice

Practice Areas

Get Your Case Evaluation Today for FREE

(215) 227-2727

EMAIL US

TOLL FREE:
(866)-907-2231

NO RECOVERY, NO FEE. GUARANTEED.

Our record of success

Over $500 Million Recovered

$80 Million

Transvaginal mesh jury verdict

$20 Million

Birth INJURY CAUSING BRAIN DAMAGE

$6.75 Million

ATV Accident CAUSING BRAIN DAMAGE

View all Case Results

From our Clients

See more testimonials

I would not have been able to achieve the results and reach the settlement that I was awarded without the legal representation of My Philly Lawyer. Thank you Dean and Frank and your entire team.

Darnell B

My Philly Lawyer represented me for an auto accident. The entire process was a pleasure. I was more than satisfied with the outcome. During a normally stressful time, I was put at ease by the entire staff at My Philly Lawyer and I won’t hesitate to have them represent me again.

Craig R.

MyPhillyLawyer absolutely the best in Philadelphia. Dean, Joshua and Deana are the best and they will get you the results you deserve! I’m so grateful and appreciative for their assistance and support!

Hass M.

My experience with MyPhilly lawyer has been wonderful. There is nothing better than feeling like the team is on your side. The staff has always taken my calls , no matter what time. I’m extremely grateful for MyPhilly lawyer.

Corynna M.

I highly recommend Dean Weitzman. He was empathetic and listened carefully to the impact the accident had upon my physical and mental health. I believe he negotiated the very best settlement he could have gotten.

Christina R.

Their team is absolutely amazing and is there to help you every step of the way. I would highly recommend them, they know there stuff and will do what it takes to help their clients.

Brittany M.