With any surgical operation, there are risks, both during the procedure and after. One of these risks is infection. Whenever the body is opened, there is a risk that bacteria could seep inside the opening and cause an infection, and when medical professionals are not diligent about protecting their patient, this risk is even greater. If you or a loved one has faced this sort of careless care, it is important that you know what your rights are.
Early Documentation is Essential
The most important thing to remember when you face this type of scenario is that early documentation is essential. If you are in the hospital at the time the infection is discovered, it will automatically be documented in your medical records.
However, if you are at home recovering, it will not. In this scenario, the longer you wait, the easier it is for the medical facility to blame the infection on you. Seek treatment right away to ensure it is documented.
Burden of Proof
Unfortunately, documenting the infection is not all that is necessary to prove your claim of medical malpractice. First, you must also prove that the physician, medical care team, or the facility where you were treated is responsible for the infection. An infection that is brought about by a patients' inability to follow instruction does not prove fault.
Second, you must also prove that the negligent actions on the part of the medical team were deliberate and intentional. An infection that manifests due to a factor that is beyond the control of the healthcare team would not prove fault. Since there is a lot of grey area surrounding proof and negligence, it is best to have an attorney review your situation.
All Cases are Not the Same
Even for the cases that meet the burden of proof threshold, make sure you remember that not all cases are the same. Generally, the type of infection and the effect that it has had on the individual is very important.
For example, someone who suffers from a severe respiratory infection after surgery will have an entirely different case than someone who has a surgical site infection. Similar to the process of proving fault, it is a good idea to allow an attorney to review your situation to determine the specifics of your case.
If you received an infection during a surgical procedure, contact a medical malpractice attorney as soon as possible to ensure you are protected.Share