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Hospital-Acquired Infections: Grounds for Medical Malpractice in New Jersey

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Hospital-Acquired Infections: Grounds for Medical Malpractice in New Jersey

December 5, 2023

Hospital-Acquired Infections: Grounds for Medical Malpractice in New Jersey

Hospitals are sanctuaries of healing, yet they can unwittingly become hotbeds for dangerous infections. When hospitals falter in maintaining stringent hygiene and infection control, patients may suffer from hospital-acquired infections. This raises critical questions about medical malpractice liability. In this comprehensive guide, we explore the legal landscape surrounding hospital-acquired infections in New Jersey and how Rudnick, Addonizio, Pappa & Casazza PC can assist you through the legal maze of medical malpractice claims.

Understanding Hospital-Acquired Infections

Hospital-acquired infections (HAIs) are infections that patients get while receiving treatment for other conditions within a healthcare setting. These infections can occur in any part of the body and are a significant concern due to their impact on patient health and recovery. Common types include:

  • Methicillin-resistant Staphylococcus aureus (MRSA): A type of bacterial infection resistant to many antibiotics.
  • Clostridioides difficile (C. difficile): Causes severe gastrointestinal issues.
  • Bloodstream Infections: Often occur post-surgery or from catheter use.
  • Pneumonia: Can develop from prolonged ventilator use.

These infections, often resulting from inadequate sanitation or improper medical procedures, can lead to severe health complications.

The Legal Framework of Medical Malpractice in HAIs

Medical malpractice occurs when healthcare providers deviate from established standards of care, causing patient harm. In HAI cases, proving medical malpractice involves several legal steps:

  • Duty of Care: The first and foremost requirement in a medical malpractice claim is to establish that a duty of care exists between the healthcare provider and the patient. In the case of hospital-acquired infections, this duty arises from the provider’s obligation to maintain a safe and sanitary environment, preventing the spread of infections.
  • Breach of Duty: To successfully make a claim, you must demonstrate that the healthcare provider breached the duty of care owed to the patient. In the context of hospital-acquired infections, this would involve proving that the hospital or healthcare professional failed to take appropriate measures to prevent the infection.
  • Causation: It’s not enough to prove a breach of duty; you must also establish a direct link between the breach and the patient’s infection. This can be challenging, as hospital-acquired infections may have various potential sources. You will need to demonstrate that the infection was a direct result of the breach of duty.
  • Damages: Lastly, to pursue a medical malpractice claim, you must prove that the patient suffered harm or damages as a result of the hospital-acquired infection. This may include medical expenses, pain and suffering, lost wages, or other relevant damages.

Meeting these legal standards is crucial in building a strong case for medical malpractice. Our team at Rudnick, Addonizio, Pappa & Casazza PC can help you navigate these complex legal requirements.

Navigating New Jersey’s Medical Malpractice Laws

New Jersey has specific laws and regulations that can impact hospital-acquired infection claims. Understanding these considerations is vital when pursuing a medical malpractice case in the Garden State. The state’s legal landscape presents unique challenges and considerations in medical malpractice cases involving HAIs:

  • Statute of Limitations: In New Jersey, medical malpractice claims must be filed within two years from the date of the injury or from the date the injury was reasonably discoverable. However, New Jersey has a statute of repose, which means that in no event can a medical malpractice claim be filed more than seven years from the date of the alleged malpractice, regardless of when the personal injury was discovered.
  • Affidavit of Merit: New Jersey requires plaintiffs to provide an affidavit of merit from a qualified medical expert when filing a medical malpractice lawsuit. This expert must attest to the validity of the claim. Our firm can assist you in obtaining the necessary expert opinion to meet this requirement.
  • Non-Economic Damage Caps: New Jersey law places a cap on non-economic damages, such as pain and suffering, in medical malpractice cases. The maximum allowable non-economic damages can vary depending on the circumstances. Understanding these limitations is crucial when assessing the potential value of your claim.
  • Comparative Negligence: New Jersey follows a modified comparative negligence rule. If the plaintiff is found to be more than 50% at fault for their own injury, they cannot recover damages. Understanding how comparative negligence may affect your case is essential.

Navigating these New Jersey-specific laws can be challenging, but our legal team is well-versed in the intricacies of medical malpractice cases in the state. We can help you understand your rights and build a strong case.

Legal Support for Hospital-Acquired Infection Victims

At Rudnick, Addonizio, Pappa & Casazza PC, we provide comprehensive legal services to individuals who have suffered from hospital-acquired infections and believe they may have a medical malpractice claim. Our experienced attorneys can assist you in the following ways:

  • Case Evaluation: We will thoroughly evaluate your case to determine if you have grounds for a medical malpractice claim. Our legal team will review medical records, consult with experts, and assess the circumstances surrounding your infection.
  • Expert Witnesses: We have a network of medical experts who can provide the necessary affidavits of merit required under New Jersey law. These experts can strengthen your case by offering professional opinions on the standard of care and causation.
  • Investigation: Our team will conduct a comprehensive investigation to gather evidence and build a strong case on your behalf. This may include obtaining hospital records, interviewing witnesses, and consulting with infection control specialists.
  • Negotiation and Litigation: We will represent your interests in negotiations with healthcare providers and their insurers. If a fair settlement cannot be reached, we are prepared to litigate your case in court, advocating for your rights and seeking the compensation you deserve.
  • Compassionate Support: We understand the physical and emotional toll that hospital-acquired infections can have on patients and their families. Our team is dedicated to providing compassionate support throughout the legal process.

Contact an Experienced Medical Malpractice Lawyer at Rudnick, Addonizio, Pappa & Casazza PC for a Free Consultation About Your Case Today

If you or a loved one has suffered from a hospital-acquired infection in New Jersey, legal recourse is not just an option but a necessity. Our team at Rudnick, Addonizio, Pappa & Casazza PC is committed to personalized, diligent legal representation. We understand the profound impact of HAIs and are dedicated to ensuring your voice is heard and your rights are protected.

Contact us for a free consultation to explore your legal options and strategize for the compensation and justice you deserve. Let us guide you on your path to recovery and justice.

“The attorney working on my personal injury case was knowledgable, courteous, and payed careful attention to every detail. He was sure to address any questions and concerns thoughtfully and respectfully. I have had an excellent experience interacting with the firm and I highly recommend the law firm of Rudnick, Addonizio, Pappa & Casazza to others.”

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