While not all surgical infections are preventable, they can be a sign of medical negligence. If you or a loved one developed an infection after surgery and believe the cause was inadequate care, unsanitary conditions, or another factor related to your patient experience, you may have grounds for a medical malpractice claim. With the help of an experienced medical malpractice attorney, you could recover justice and compensation from those responsible for your pain and loss.
Surgical infection cases are complicated legal and medical matters. They require an attorney with the experience and resources to take on powerful medical defendants and insurance companies. Michael LoGiudice, LLP, has fought and won millions of dollars for injured New Yorkers for over two decades. If you want to learn more about potential compensation for a surgical infection malpractice case, contact us today for a free consultation.
What Is a Surgical Infection?
A surgical site infection (SSI) occurs when germs enter the body during or after a surgical procedure. The most common types of bacteria in an SSI are Staphylococcus, Streptococcus, and Pseudomonas.
According to the CDC, there are three main types of surgical site infections:
- Superficial Incisional SSI – This type of infection affects only the skin around where the surgery was done.
- Deep Incisional SSI – This infection goes deeper, affecting the muscles and tissue under the skin near the surgical area.
- Organ or Space SSI – This more serious infection happens in a part of the body involved in the surgery, such as an internal organ or the space between organs.
Common Symptoms of a Surgical Infection
Most SSIs develop within 30 days after surgery. If you’re recovering from surgery and notice any of the following symptoms, do not ignore them. Get immediate medical attention if you develop:
- Redness, swelling, or warmth around the incision site
- Pus or unusual drainage from the incision
- Foul odor emanating from the wound
- Pain that intensifies rather than improving
- Fever exceeding 100.4°F
- Fatigue or chills
- Wound reopening or not appearing to heal or improve
Causes of Surgical Infections Linked to Malpractice
Some patients are more prone to SSI due to age (the very young and very old are most vulnerable) or pre-existing health conditions. However, a disturbing number of surgical infections develop because someone failed to take reasonable precautions before, during, or after surgery. Common causes include:
- Leaving foreign objects, like sponges or tools, inside the body
- Providing poor wound care instructions or failing to monitor the patient after surgery
- Failing to maintain proper staffing or supervision in a hospital or recovery setting
- Using surgical instruments or equipment that were not properly sterilized
- Failing to follow hygiene protocols during surgery
- Allowing the operating room to remain unclean or unsanitary
How Common Are Surgical Infections?
According to the Centers for Disease Control and Prevention (CDC), more than 110,000 surgical infections occurred in a recent year. That translates to roughly 2 to 4 percent of patients undergoing inpatient surgeries. Here are more statistics from the CDC:
- Surgical site infections are among the most common healthcare-associated infections.
- They are a leading cause of post-surgery hospital readmissions
- SSIs account for approximately 20 percent of all hospital-acquired infections.
Who Can Be Held Liable for Surgical Infections?
It could be considered malpractice when healthcare professionals deviate from accepted medical standards, which leads to an infection.
In New York, you have the right to pursue compensation when healthcare providers fail to meet the accepted standard of care. Multiple parties may be responsible for a surgical infection, including:
- Surgeons or surgical staff who failed to follow sterilization protocols
- Nurses or hospital staff who provided improper post-op care
- Hospitals or surgical centers that did not maintain a sterile environment
- Medical device manufacturers, if faulty medical equipment or tools contributed to the infection
Proving Medical Malpractice in New York
Even the most careful medical professionals can make a mistake. For a claim to rise to the level of medical malpractice, you must prove the following:
- A provider-patient relationship existed
- The provider failed to meet the accepted standard of care
- This failure directly caused your injury or infection
- You have pain and loss as a result of substandard care
Statute of Limitations for Medical Malpractice Lawsuits
In New York, you typically have two years and six months from the date of the malpractice (or from the end of treatment) to file a lawsuit. The deadline is shorter for cases involving foreign objects left in the body (sponges, retractors, etc.), with a one-year deadline.
How an Experienced Attorney Can Help
Medical malpractice claims involving surgical infections are complicated. Insurance companies for doctors and medical facilities will try to downplay the validity of your claim or offer less than what you need to return to your pre-infection activities. A knowledgeable medical malpractice attorney can:
- Assess your case to determine if medical malpractice occurred
- Gather medical records and expert testimony to support your claim
- Calculate the full extent of your losses
- Negotiate with the insurance companies or hospital legal team
- Take your case to trial if needed
What Compensation Could You Recover?
Working with an attorney can increase your ability to recover compensation. Every case is different. A lawyer can help you understand the potential value of your claim based on your unique circumstances. They will fight for top dollar to cover your:
- Medical Bills – Including hospital stays, corrective surgeries, and medication
- Lost Wages – Time missed at work
- Pain and Suffering – Your physical pain and emotional distress
- Long-Term Care Costs – For ongoing treatment or rehabilitation
- Loss of Enjoyment of Life – If the infection caused permanent harm
Get a Consultation with a Surgical Infections Lawyer
If you or a loved one believe that medical malpractice caused or contributed to a surgical infection, don’t delay. These cases are time-sensitive and require a skilled medical malpractice lawyer. Michael LoGiudice, LLP, is ready to fight for justice and compensation for your suffering and loss. Contact us today for a free consultation.