Standing Up For What I Knew Was Right

Simple Surgery Gone Very Wrong: What To Do When Your Loved One Dies From A Hospital-Acquired Infection

24 September 2018 by Dylan Tucker

Despite the remarkable progress achieved by the medical industry in general, there are sometimes erroneous incidents which result in the unnecessary loss of life. An unsterile scalpel could turn a simple appendectomy into an infectious nightmare, for example, or the unwashed hands of a nurse might result in an otherwise healthy newborn coming down with a life-threatening condition. If someone you love was lost under similar circumstances, having gone to a medical facility for a standard surgical procedure only to have succumbed to an acquired infection, you and your family are most likely devastated.

Besides dealing with your sudden and overwhelming loss, you have the right to understand exactly what happened, to know if it was preventable and what course of action you can now take.

What Are Hospital-Acquired Infections?

A hospital-acquired infection, or HAI, is an infection that befalls a patient during their stay in a hospital, and unfortunately, they're not as uncommon as you might think. There are different types of infections, but the most prominent and often severe result is sepsis, an immune response to the presence of a bacterial, viral, or fungal infection. A staggering one-third of patients who lose their lives in a hospital setting have sepsis. Sepsis occurs as a result of a certain set of circumstances culminating around a patient but, in far too many cases, was preventable.

Other types of infections picked up in hospitals by patients receiving treatment range from pneumonia to urinary tract infections to gastrointestinal complications. Primary surgical sites are also a common place for infections to develop, which is how simple, routine surgery can turn into a life-changing nightmare for some families. Because a medical facility contains so many elements of danger, if the people who manage and clean it aren't extremely careful, awful things can happen.

How Do People Catch These Infections?

Sometimes, there are simply no answers as to how a patient contracted a specific infection or disease, but generally, there are a group of three major risk factors permeating these grim statistics:

• A patient's own risk factors, from how long they spend in the facility to the severity of their condition, along with the strength of their immune systems.
• The sterility of the medical environment, including the tools used for various procedures, from an ordinary blood pressure device to intravenous needles.
• How well doctors, nurses, and other personnel clean themselves, particularly their hands when coming into contact with patients. Surgical cleanliness is essential in the prevention of sepsis and other HAIs.

Since an infection acquired in a medical facility wasn't present in the patient before their time there, it's important to figure out how they caught it and who, if anyone, was responsible.

What Do You Do After Your Loved One Has Died From A Hospital-Acquired Infection Or Illness?

Amidst your shock and grief, there's the fact that you need to hold someone accountable for the wrongful death. Since wrongful death cases are time-sensitive, you're going to have to pursue the legal aspects of your loss right away. An attorney should be hired, who will answer your most pressing questions, along with qualifying your situation for a lawsuit. Be aware of the criteria you and/or the immediate family will have to meet and the process that will ensue:

1. The suit must be brought forward by a family member, including life partner, a financial dependent, or representative of the decedent. In some cases, someone who stands to lose financially over the death may also bring forth a suit, despite the fact that they weren't a direct relative.
2. Your case depends on proving negligence in the contraction of the fatal sepsis infection, not simply that the infection took place or was the cause of death. A lawyer's team will investigate to determine whether or not the hospital (or other facility) failed in their standard of care and cleanliness and whether or not they engaged in activity which put the patient, your loved one, at risk.
3. Medical records, the testimony of witnesses, and physical evidence are all vital in proving your claim; thus, you and others should be prepared to cooperate with the legal team as they proceed, even though you're likely to still be grieving your loss.
4. Your measurable losses exceed the emotional aspects, extending to include all medical expenses, the cost of the funeral, future earnings potential of the decedent, and pain and suffering.

While it's important to hold a hospital accountable, it's also important for you and others to heal from your sudden loss. Wrongful death attorneys are experts in plowing through the often tedious and painful procedures, but they can advise you on how to recover emotionally, too. Let them handle the case after you've given your statement and observations, then turn your attention to the more personal matter of your grief.

How Can You Help Yourself Heal From This Tragedy?

While grief is processed differently from person to person, fighting for justice for your lost loved one may be the first step in your healing process. Because they were taken from you not through the normal course of a disease, but rather, most likely through the fault of a person or people, you'll naturally experience anger about your loss. Talk to a lawyer about righting that wrong, then once you're satisfied the wrongful death suit will evolve accordingly, address your grief either by seeking the support of friends and family or by speaking with a professional grief counselor. Don't feel weak or inept for needing outside help, especially since your loss was unexpected.

How Can You Help Others?

While the statistics for hospital-acquired illnesses and subsequent deaths may be overwhelming, the actions you take in your specific case can help others. Despite the fact that it's hard to balance your grieving with pursuing a legal case, doing so may actually work to prevent someone else from being exposed to an HAI, thereby possibly saving a life. While doctors, nurses, and other hospital personnel have no intent to harm patients, if their activity is not scrutinized and they're not held accountable, the situation which brought about your loss may continue.

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