Maryland Hospital Infection Lawsuits

There is increased media attention on infections in hospitals. Infections have been a problem in hospitals since the first hospital opened in the Middle Ages. Today, medical mistake claims often arise not directly from the patient’s medical treatment but because an infection developed either during treatment or from some other cause.

The severity of the infection problem is stunning. The CDC says that hospital infections kill 90,000 people annually, and most of the infections are victims who were infected at the hospital.  Infections result in an estimated 205,000 additional hospital days for infected patients and $2 billion in hospital charges. 

Of course, hospital infections are just part of the problem. This country has more than 270,000 fatalities every year in this country from sepsis alone. These numbers just roll off. But stop and think about it for a second. They are mind-boggling.

Who is most at risk? The elderly, small children, and people with compromised immune systems are at the most significant risk of severe injury or death.

Some hospital infections are not the result of negligence. But studies show too many hospital-acquired infections are from medical errors.  Our hospital infection attorneys in Maryland handle these cases when medical malpractice causes the infection or, as is more common, fails to prevent the infection from growing. 

What Happens to the Body During an Infection?

When the body gets an infection, it does what the body does well: it fights. Chemicals are released to ward off the infection. The problem is that this causes systemic inflammation that can cause small blood clots, blocking oxygen and critical nutrients from reaching essential organs in the body. 

The infection can then lead to septic shock. As sepsis worsens and develops into septic shock, blood pressure significantly decreases, which often leads to respiratory, heart, and other organ failures that can lead to death. A corollary risk is gangrene, which can lead to amputation of the arms, fingers, legs, feet, and other appendages.

Early diagnosis and treatment are the keys to surviving a severe infection and stopping the disease before it can cause this kind of damage early diagnosis and treatment.

What Types of Infection Cases Lead to Lawsuits

Hospitals and other healthcare providers negligently cause infections in massive numbers. This is not plaintiffs’ attorneys’ propaganda. It is demonstrably true. Hospitals have widely varying rates of infection. 

Why? Because some hospitals have fail-safe procedures that lead to a very low infection rate, and others do not. The infections are caused by negligence, often from the failure to follow proper sterilization procedures such as improper hand washing, an unclean hospital, or improper sterilization for patients who receive catheters or are put on ventilators.

Still, “the hospital infected me” cases are a minority of successful infection lawsuits our hospital infection lawyers in Maryland see.  Why? Because how the infection was caused and whether it could have been prevented are challenging for plaintiffs to prove. The most commonly successful lawsuit involving infections our hospital infection malpractice lawyers see is the failure to diagnose promptly and treat the infection, not the fact that the patient was infected in the first place.

Indeed, there are a lot of medical malpractice cases involving the infection of newborns. This is because so much is at stake in life’s early minutes, hours, and days. Injuries we adults can shake off can cause lifelong injuries or death to infants. If the infection in an infant is not correctly diagnosed and treated, bacteria can attack the body and cause a host of problems. The most significant risk involves ailments that lead to a lack of blood and oxygen.

These infections can begin even before the child is born. Neonatal sepsis can stem from water breaking (usually when it lasts longer than 24 hours before birth), membranes, or amniotic sac water bag, necrotizing enterocolitis, Group B streptococcus infection, and a whole host of other things. 

You can find the answers to these things with blood culture, C-reactive protein, or complete blood count (CBC). The bottom line is that infants, particularly premature babies, are susceptible to sepsis and other infections. So immediate diagnosis and treatment are critical.

Where Hospital Infection Mistakes Happen

Most hospital infection lawsuits in Maryland are not based on causing the infections but on the failure to treat the problem correctly. Infections and fevers of unknown origin are common emergency room diagnostic problems. The following are common infection cases that are misdiagnosed in the ER that leads to medical negligence suits:

• Meningitis
• C Difficile
• Epiglottitis
• Serratia Marcescens
• Bacterial-induced pneumonia
• Rocky Mountain Spotted Fever

Hospital Infection Settlements and Verdicts

• 2020, Pennsylvania: $1 Million Settlement: A 73-year-old man’s prosthetic knee joint became infected. He presented to the hospital. The man died from septic shock 10 hours later. His family alleged that the hospital staff’s negligence caused his death. They claimed they failed to timely diagnose an infection, administer antibiotics, perform a joint aspiration, and diagnose sepsis. This case settled for $1 million.  
• 2019, Florida: $15 Million Verdict: A 44-year-old woman suffered an asthma attack. She was admitted to Hialeah Hospital. The woman was transferred to the ICU the following day. Her nasal swab tested negative for an infection. The woman was transferred to another part of the hospital. She received nebulizers and steroids. One week later, the woman suffered chest pain, left flank pain, shortness of breath, and abnormal vital signs. An inexperienced house physician suspected a heart attack. He ordered diagnostic tests and an ICU transfer. The woman experienced another respiratory episode hours later. She underwent ventilation. The woman died from MRSA pneumonia two days later. The woman’s family alleged that the house physician’s failure to timely diagnose MRSA caused her death. A jury awarded them $15 million.  
• 2018, Ohio: $24.7 Million Verdict:
  A boy suffered an ear infection. He was brought to the emergency room. The boy suffered mastoiditis, meningitis, and cerebral edema. He developed permanent hearing loss, muscle atrophy, cognitive impairments, and incontinence. The boy required lifelong care. His family hires a hospital infection attorney who filed a lawsuit alleging the hospital staff’s failure to timely diagnose and treat his ear infection caused permanent injuries. The defense denied the allegation. A jury awarded the family $24.7 million.   
• 2017, Oregon: $1.5 Million Verdict: An 18-year-old member of the University of Oregon’s acrobatics and the tumbling team suffered cold-like symptoms. She experienced a fever, shaking, chills, and lower back spasms. At the time, UO’s campus experienced a meningococcal disease outbreak. The woman presented to Sacred Heart Medical Center’s emergency room. She had a negative flu test. The woman was diagnosed with a flu-like illness. She received acetaminophen and ibuprofen. The woman was discharged to her dorm. She died from meningitis later that day. The woman’s mother alleged that the Sacred Heart Medical Center staff’s failure to timely diagnose and treat meningococcal disease caused her death. A jury awarded her $1.5 Million.   
• 2016, Oklahoma: $858,349 Verdict: A 63-year-old woman suffered from a urinary tract infection. She tested positive for E. coli. The woman was prescribed antibiotics. Her condition failed to resolve. The woman was admitted to a federally funded hospital. She underwent an abdominal CT scan. It revealed abnormal results. However, the hospital staff discharged her without performing additional tests. The woman was readmitted two days later. She suffered diarrhea, severe abdominal pain, nausea, and vomiting. The woman was transferred to a public hospital. An examination revealed an infected colon. The woman underwent a colostomy. Her condition worsened. She died from respiratory failure less than a week later. The woman’s family alleged that the federal hospital’s negligence caused her death. They claimed they failed to diagnose C. diff, timely consult a surgeon, order additional testing, and timely transfer her to the public hospital. The federal government disputed the claims. It argued that the hospital staff provided appropriate care. The federal jury ruled in the family’s favor. They awarded $858,349.  
• 2016, Oklahoma: $858,349 Verdict: A 63-year-old woman suffered from a urinary tract infection. She tested positive for E. coli. The woman was prescribed antibiotics. Her condition failed to resolve. The woman was admitted to a federally funded hospital. She underwent an abdominal CT scan. It revealed abnormal results. However, the hospital staff discharged her without performing additional tests. The woman was readmitted two days later. She suffered diarrhea, severe abdominal pain, nausea, and vomiting. The woman was transferred to a public hospital. An examination revealed an infected colon. The woman underwent a colostomy. Her condition worsened. She died from respiratory failure less than a week later. The woman’s family alleged that the federal hospital’s negligence caused her death. They claimed they failed to diagnose C. diff, timely consult a surgeon, order additional testing, and timely transfer her to the public hospital. The federal government disputed the claims. It argued that the hospital staff provided appropriate care. The federal jury ruled in the family’s favor. They awarded $858,349.  
• 2014, Wisconsin: $25.3 Million. A 53-year-old mother of four children lost all of her limbs because a Strep A infection was misdiagnosed. The infection led to septic shock. Damage caused by the infection led to the amputations. The woman was hospitalized for nine hours with severe abdominal pain and fever but was discharged and told to call her gynecologist because they suspected a problem with her fibroid. The jury awarded $15 million in pain and suffering.
• 2013, Maryland: $1,341,000 Verdict: A 77-year-old woman was transported to Frederick Memorial Hospital after she injured her back in a fall. A CT scan was ordered, and the radiologist determined findings of a fracture of at least one vertebra. During her hospitalization, she began to experience a loss of all feeling in her lower extremities. She was transferred to the University of Maryland Medical Center for spinal fusion surgery. She developed a staph infection at the surgical site and died three months later from complications. Her daughter sued the treating physician and radiologist at Frederick Memorial Hospital for medical malpractice. The plaintiff alleged the radiologist failed to report the findings and did not recommend that the decedent remain immobilized during her hospitalization. The radiologist claimed that the results had been reported to the decedent. A defendant physician claimed that, regardless of the decedent not being immobilized, the surgery would have happened and that a post-operative infection could result from any surgery. A Frederick County jury found Defendant’s radiologist 100% responsible and awarded the Plaintiff $1,341,000 in damages.
• 2013, California: $543,034 Verdict: A 64-year-old baker underwent a right knee arthroscopy at Coastal Surgical Institute. Three days later, he returned with complaints of fever and severe pain. Shortly after that, he went to the emergency room at Sierra Vista Regional Medical Center, where he underwent additional surgery and antibiotic treatment for a Pseudomonas aeruginosa bacterial infection.  (One infection are dialed in on in 2023 is Pseudomonas aeruginosa hospital infection cases which we have become more acquainted with in the eye drop infection litigation.)  He eventually required a total knee replacement, and one year later, the hardware in the knee had to be replaced. Regrettably, he can no longer walk long distances unassisted. He filed a medical malpractice lawsuit against Coastal Surgical, claiming the Defendant used unclean surgical instruments. Plaintiff claimed that he contracted an infection from an improperly sterilized arthroscope and – this is key – that three other patients who received treatment during the same time frame contracted the same infection. Defendant denied liability, alleging that the contamination must have been from the sponges used to clean the surgical instruments. A San Luis jury found the Defendant negligent and awarded the Plaintiff $543,034 in damages.
• 2013, Maryland: $9,500,000 Verdict: Parents of a 2-week-old daughter were concerned after noticing she had missed several feedings and appeared short of breath. They brought her to the emergency room at Laurel Regional Hospital, where blood tests were conducted, and an on-call pediatrician was consulted. Before obtaining the blood test results, the infant was discharged, and the parents were advised to follow up with their pediatrician. Over 24 hours had passed before the parents were notified that the test results showed Group B streptococcus. Treatment began immediately, but unfortunately, the infant developed meningitis. She suffered irreparable brain damage resulting in cerebral palsy. Her parents sued the employer of the emergency room doctor, Maryland Provo-I Medical Services, and a hospital employee for medical malpractice. The plaintiffs claimed that the defendant failed to inform timely the infant’s parents of their child’s diagnosis and failed to treat timely and diagnose the infection. Defendants denied liability, claiming that all care was reasonable and appropriately executed. The arguments were presented to a Prince George’s County
  jury where they found for the Plaintiff for $9,500,000. The award was reduced to $7,150,000 due to Maryland’s cap of $650,000 for non-economic damages.
• 2011, New York: $3,250,000 Verdict: A 47-year-old secretary visited the emergency room of St. Catherine of Siena Medical Center with complaints of diarrhea and pain in her abdomen. She was referred to a surgeon who found that she suffered from an abscess in her pelvic region. Removal of her sigmoid colon was recommended. A week following her surgery, an infection on her surgical site was diagnosed, and she was given antibiotics. She was referred to another surgeon at St. Catherine of Siena Medical Center. The second surgeon obtained a culture of the infected area and reported a finding of a staph infection. The infection worsened for the following four months and required at least three surgeries on top of extensive treatment. The woman sued both surgeons for medical malpractice. Plaintiff alleged that Defendant Surgeon 1 failed to perform the surgery on her colon adequately. She alleged Defendant Surgeon 2 did not adequately address the infection by choosing not to prescribe antibiotics. Plaintiff’s counsel claimed the wound should have been drained and an infectious-diseases specialist should have been consulted. A Suffolk jury found the Defendants departed from the standard of care and awarded the Plaintiff $3,250,000 in damages.
• 2010, New York: $ 500,000 Verdict: A 61-year-old woman underwent multiple procedures to repair a bunion and hammertoes on her right foot. Two weeks after the surgery, she visited a podiatrist for a postoperative visit. Her foot was noted to be swollen and red with discharge during her visit. She was prescribed an antibiotic. She returned the following week with yellow discharge and blisters along the suture on her foot. A culture was performed. The wound was diagnosed as having been infected, and she was prescribed a different antibiotic. Two weeks later, she was referred to Huntington Hospital as her symptoms worsened to discoloration and raised skin temperature. She was diagnosed with osteomyelitis and underwent surgery to clean out the necrotic bone. She sued the podiatrist who performed her initial surgery as well as the podiatrist who conducted her postoperative consults. Plaintiff claimed the Defendants failed to perform appropriate tests to rule out infection. The plaintiff’s expert podiatrist testified that a culture should have been performed to indicate infection. Defendants argued that Plaintiff’s symptoms were not caused by infection but by her banging her foot. A Nassau jury found the podiatrist conducting the postoperative visits 100% liable and awarded the Plaintiff $500,000.

These are sample settlements and verdicts that were favorable to plaintiffs. These are the winners. We stepped over some defense verdicts in putting this list together.

These verdicts should be a tool for understanding the value of these cases. But you cannot use these results to predict any individual case’s settlement or trial value. It would be easier if we could just grab a prior result and say the case is a sure winner and worth X. But the real world is much more complicated.

Staph Infections

Many staph infections can also occur outside of a hospital setting. The challenge for doctors is to differentiate between MRSA and a more common staph infection because detection of a MRSA infection is impossible based on physical examination alone.

Hiring a Lawyer for Your Maryland Infection Claim

We handle hospital malpractice cases, including those involving infections. If you have been injured due to medical or hospital malpractice or negligence, call us at 800-553-8082 or get a free consultation.

Other Hospital Infection Resources for Malpractice Lawyers and Victims

• CDC statistics that show just how daunting the problem is
• Osteomyelitis: dangerous bone infections
• Learn more about sepsis misdiagnosis lawsuits
• Take a look at a sample sepsis wrongful death lawsuit filed in Rockville, Maryland
• A amputation case following a MRSA infection in U.S. District Court

General Medical Malpractice Information

• Hospital Negligence: how these cases are fought and a look at Maryland hospitals
• Baltimore Medical Malpractice Lawyers: consider our law firm if you have a claim
• Emergency Room Negligence: common malpractice arena
• Frequently Asked Malpractice Questions