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Can You Sue The Hospital If You Get A Staph Infection?

7 September 2019 by Kenneth Graham

You had a brief stint in the hospital for an illness, and when you managed to get back home, you initially thought you were all better. Unfortunately, within a few hours, you notice a painful red lump where your IV line was inserted, and the lump is quickly growing larger, redder, and more painful. It sounds like you may have contracted some form of staph infection at the hospital. While the condition is common, it is oftentimes something that could have been prevented in the proper treatment environment. In order to sue a hospital with a personal injury claim if you get a staph infection, you will have to prove some type of negligence. Here are some scenarios when the hospital could be definitively at fault.  

You were at risk of developing an infection but proper measures were not taken. 

Some people are naturally more prone to contracting a staph infection because they have a weakened immune system. Some situations in which you are more at risk as a patient include: 

• if you have an immune-system related illness
• if you have diabetes 
• if you are having surgery 
• if you are elderly 

People who are prone to risks of infection should be alerted at the hospital that they could contract a staph infection. Further, extra measures should be taken to prevent problems. If none of this occurred, you may have a right to sue. 

You were not treated for the infection even though it was present before you left the hospital. 

Perhaps you noticed some swelling at the IV site or somewhere else on your body before you left the hospital. You mentioned it to a nurse or doctor and you were told this was nothing to worry about and sent home. Later, you develop a high fever, chills, and that painful spot on your body is raging with pain. In this kind of situation, your body is going through undue stress because you were not treated with concern before you left the hospital. 

You know the hospital was not using proper sanitation measures. 

You can contract a staph infection by coming in contact with unsanitary treatment tools at the hospital. Staph infection can be passed from person to person with direct contact because the organisms that cause these infections do live outside of the body and on surfaces. For instance, if you had a wound dressed with gauze cut with a pair of scissors contaminated with staph, you could contract the bacteria and develop an infection. 

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