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I Got an Infection After Surgery - Can I Sue?

 Posted on July 03, 2024 in Medical Malpractice

Mount Prospect, IL personal injury lawyerSurgical procedures can be invasive and require extensive recovery. Patients who undergo surgeries expect that their medical staff are upholding care practices and are committed to proper hygiene. However, when medical staff act negligently or carelessly after surgery, infections may occur, and these infections can have serious consequences.

You may be able to pursue a claim against a hospital and its staff if you develop a serious infection after surgery. A knowledgeable Illinois medical malpractice lawyer will help you with your case.

When Are Surgical Infections Medical Malpractice?

While some surgical infections are unavoidable due to the risks associated with surgical procedures and recovery, surgical infections may be considered medical malpractice when they are caused by the behavior of medical professionals and surgical staff.

Behaviors that may result in surgical infections include the following:

  • Failure to use properly sterilized equipment during surgery

  • Failure to follow hygienic procedures before, during, or after surgery

  • Negligence in changing bandages and other wound caretaking

  • Failure to notice symptoms of an infection in a patient

  • Negligent prescription of medications, leading to antibiotic-resistant infections

To prove that a surgical infection was medical malpractice, you must show the following:

  • There was negligence or a breach of duty of care by medical staff

  • The negligence or the breach of duty of care was the cause of the infection

This means you will need to prove that the behavior of the medical staff was unreasonable. This could mean a different physician would not have given the same care in the same circumstances, or that the hospital’s hygiene procedures and cleanliness were unreasonable or negligent when compared to expected levels of care and cleanliness.

Damages You May Recover With a Medical Malpractice Claim

Your medical malpractice claim will aim to recover damages for the infection you experienced. This can include both economic damages, such as medical bills or expenses for additional surgeries, and non-economic damages, such as compensation for pain and suffering.

Other damages you may be entitled to include:

  • The cost of in-home health care or residential medical treatment

  • Lost wages for missed work

  • Compensation for the loss of the ability to work

  • Compensation for the loss of the ability to enjoy life

  • The cost of therapy or counseling due to the trauma of an infection

In the case that a victim of an infection after surgery died, a wrongful death case may be brought against the responsible parties, allowing the loved ones of the victim to recover the necessary compensation.

Contact a Mount Prospect, IL Medical Malpractice Attorney

Infections after surgery can be life-threatening, and these infections are often avoidable if medical staff uphold their duty of care to patients. If you have been affected by a serious, avoidable infection after surgery, you will need the experience of a skilled Cook County, IL medical malpractice lawyer.

Attorney Charles Adler has significant experience fighting for his clients’ rights to compensation for their injuries. He knows how to fight large insurance companies, including the companies that insure hospitals and their staff. Call Adler Law Offices, LTD at 312-236-2700 for a free consultation.

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