Hospital-acquired infections (sometimes called healthcare-associated infections, or HAIs) are infections that patients contract while receiving treatment for other conditions in a healthcare facility. While not all HAIs are preventable, many result from systemic failures, human error, or a lack of proper sanitation protocols. In Alberta, when such infections are caused by substandard care, patients may have grounds to file a medical malpractice claim.
What Are Hospital-Acquired Infections?
Hospital-acquired infections (also called nosocomial infections) develop at least 48 hours after admission to a hospital or healthcare facility. They are not present or incubating at the time of a patient’s admission. These infections may affect the urinary tract, respiratory tract, surgical wounds, bloodstream, or other parts of the body.
Common types of HAIs include:
- Methicillin-resistant Staphylococcus aureus (MRSA)
- Clostridioides difficile (C. diff)
- Vancomycin-resistant enterococci (VRE)
- Catheter-associated urinary tract infections (CAUTIs)
- Central line-associated bloodstream infections (CLABSIs)
- Ventilator-associated pneumonia (VAP)
These infections can range in severity from mild to life-threatening and may prolong a hospital stay, increase medical costs, and significantly worsen a patient’s prognosis.
Are Hospital-Acquired Infections Always the Result of Negligence?
The reality of modern healthcare is that even with the best infection control practices, some risk of infection is unavoidable. Patients with weakened immune systems, chronic health conditions, or who undergo certain types of procedures are more vulnerable to infections.
However, there is a significant difference between an unavoidable complication and one caused by carelessness or poor hospital practices. Hospitals and healthcare providers have a legal and ethical duty to maintain a clean and safe environment. When they fail to meet the accepted standard of care, and that failure results in a preventable infection, the basis for a negligence claim may exist.
How Do Hospital-Acquired Infections Happen?
Hospital-acquired infections often occur due to lapses in basic infection prevention protocols. Common contributing factors include:
- Improper sterilization of medical equipment
- Poor hand hygiene by staff
- Contaminated surfaces or instruments
- Inadequate isolation of infectious patients
- Overuse or misuse of antibiotics
- Infrequent changing of dressings or catheters
In many cases, the spread of infection could have been avoided through simple, well-established practices. When these procedures are neglected, patients may suffer serious harm.
Establishing a Claim for Medical Malpractice in Alberta
To succeed in a medical malpractice claim for a hospital-acquired infection in Alberta, the patient (or their representative) must prove that:
- The healthcare provider owed the patient a duty of care;
- The provider breached that duty by failing to meet the standard of care expected of a competent professional;
- The breach caused or contributed to the infection; and
- The patient suffered damages as a result.
This legal framework is similar to other types of personal injury claims but is subject to the complexities of medical evidence and expert testimony.
Proving a Breach of the Standard of Care
One of the most challenging aspects of these cases is proving that the healthcare provider’s conduct fell below the acceptable medical standard. This typically requires expert evidence from medical professionals familiar with infection prevention and control procedures.
The standard is not perfection, but what a reasonably competent medical provider would have done in similar circumstances. If the infection occurred because the hospital failed to follow its protocols or meet provincial infection control standards, this may support the argument that there was a breach.
For example, staff skipping mandatory handwashing, reusing single-use instruments, or ignoring signs of early infection can all be examples of negligence.
Causation: Linking the Infection to the Breach
Even if the standard of care was breached, the plaintiff must still show that the breach actually caused the infection. This is where many claims become complicated. It must be shown, on a balance of probabilities, that the negligent act or omission caused the patient’s infection and not some unrelated medical factor.
This often involves tracing the timeline of the patient’s condition, the nature of the infection, and any patterns of outbreaks within the facility. For instance, if multiple patients developed similar infections in the same hospital ward, this could support the argument that hospital practices were the source.
Damages: The Impact of the Infection
Once negligence and causation have been established, the final step is to assess the damages suffered by the patient. Damages in medical malpractice cases may include:
- Additional medical treatment costs
- Pain and suffering
- Prolonged recovery time or permanent disability
- Loss of income or future earning capacity
- Loss of enjoyment of life
- In the most tragic cases, death
If the infection resulted in a fatality, surviving family members may be eligible to bring a wrongful death claim under Alberta’s Fatal Accidents Act.
Are Alberta Hospitals Liable for Staff Negligence?
Under the legal doctrine of vicarious liability, hospitals can be held legally responsible for the actions or omissions of their staff, including nurses, doctors, and support personnel. For example, if a nurse fails to follow infection control protocols and causes a patient to develop an infection, the hospital may be liable for the resulting harm.
That said, not all healthcare providers are direct employees of the hospital. Some physicians work as independent contractors. In those cases, liability may depend on the specific facts of the relationship and whether the hospital exercised control over the physician’s work.
Limitation Periods and Legal Deadlines
In Alberta, the general limitation period for filing a medical malpractice lawsuit is two years from the date the plaintiff knew or ought to have known that an injury occurred and was potentially caused by negligence. This is subject to Alberta’s ultimate limitation period of 10 years from the date of the negligent act, set out in the Limitations Act.
Delays in discovering the cause of an infection can complicate matters. If you suspect that a hospital-acquired infection resulted from negligence, speaking to a lawyer as soon as possible is crucial. Waiting too long could permanently bar your claim, regardless of its merit.
How a Medical Malpractice Lawyer Can Help
Medical malpractice claims are notoriously complex and require a deep understanding of both law and medicine. A skilled Alberta medical malpractice lawyer can help by reviewing medical records and hospital policies and retaining expert witnesses to support your claim. They can help identify potential defendants, including hospitals, doctors, medical corporations, or other care providers. Your lawyer will also advise you on the full extent of possible compensation, negotiate on your behalf with insurance companies, and pursue litigation when appropriate.
When You Should Consider Taking Legal Action
You may want to consider a legal claim if you or a loved one:
- Developed a serious infection during a hospital stay;
- Required additional surgery, extended hospitalization, or rehabilitation due to the infection;
- Suffered permanent disability as a result of the infection; or
- Lost a loved one to an infection that may have been preventable.
Even if you are unsure whether negligence occurred, consulting a medical malpractice lawyer can help you understand your rights and options. Hospital-acquired infections can have life-altering consequences for the injured person and their family. While not all infections are the result of negligence, many are, and when hospitals or healthcare providers fail to uphold basic safety standards, they should be held accountable.
Contact Cuming & Gillespie LLP in Calgary for Dynamic Representation in Medical Malpractice Claims
Healthcare providers facing litigation are often backed by significant institutional resources and legal teams, but when you choose Cuming & Gillespie LLP, so are you. Our medical malpractice lawyers take a team-based approach to every case, working collaboratively to deliver thorough, strategic, and client-focused representation. Based in Calgary, we proudly serve clients throughout Alberta. To book a consultation, please call (403) 571-0555 or contact us online.