Toledo Infections Lawyer

Medical infections can develop even when doctors and hospitals follow accepted medical practices. However, infections can become much more dangerous if improper diagnosis or treatment is caused by negligent errors. A Toledo infections lawyer can review the medical care you received to determine if it fell below the accepted standard of care. 

Medical facilities throughout the Toledo area include ProMedica Toledo Hospital, Mercy Health – St. Vincent Medical Center, Mercy Health – St. Anne Hospital, and other hospitals in Northwest Ohio. St. Vincent Medical Center offers emergency and critical care and is a Level I Trauma Center. Medical malpractice may occur when serious infections develop during medical care or as a result of treatment. 

The Spangenberg Shibley & Liber Approach

Spangenberg Shibley & Liber has helped patients and families since 1946. The law firm has recovered over $1 billion for clients in verdicts and settlements. In the past two years, our firm secured a quarter of all Ohio verdicts exceeding one million dollars. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Recent published medical malpractice verdicts and settlements include an $8.5 million settlement for quadriplegia, a $6.5 million wrongful death verdict for pneumonia, and a $5.1 million verdict for failure to diagnose common bile duct injury. Spangenberg Shibley & Liber’s trial lawyers focus their practices on significant cases with catastrophic injuries and high-value damages.

When an Infection Becomes Medical Malpractice

Simply developing an infection is not sufficient to prove that medical negligence occurred. Bacteria, viruses, and other pathogens can cause infections even when medical providers take reasonable care. Some medical procedures also carry risks of infection. However, a medical malpractice claim requires proof that a healthcare provider failed to comply with the standard of care. Patients must also show that this failure caused additional harm. 

For instance, surgical patients can develop infections despite appropriate sterile techniques. That situation would be different if the surgical team failed to identify obvious signs of infection until the condition progressed and became much more dangerous. Often, a professional is going to need to review the patient’s medical care to differentiate between an unavoidable complication and medical malpractice. 

Healthcare-Associated Infections 

Patients can develop healthcare-associated infections while receiving medical treatment in hospitals and other healthcare facilities. Some healthcare-associated infections occur around surgical sites or with the use of catheters, intravenous lines, ventilators, or medical devices. Examples of potential negligence include:

• Failure to follow appropriate infection-control procedures 
• Failure to properly sterilize medical equipment 
• Mismanagement of catheters or medical devices 
• Inadequate monitoring of surgical wounds 
• Delayed response to abnormal lab values 
• Failure to recognize signs of worsening infection 
• Failure to provide appropriate treatment for infection

The presence of an infection does not necessarily mean that one of these failures was the cause. The focus should be on how acceptable standards of care were not provided. This can be shown through medical records and professional testimonies. 

According to the Centers for Disease Control and Prevention, one in 38 hospital patients suffered at least one healthcare-associated infection. There were about 518,000 healthcare-associated infections (HAIs) in the United States in 2023, and 2.6% of patients in the hospital had one or more HAI. 

Delayed Diagnosis of an Infection 

Delays in diagnosing infections can be harmful, as certain infections can quickly spread. An infection might begin in one area of the body but then spread to the bloodstream. Infections can also spread to the organs throughout the body. 

Delayed-diagnosis claims require proof that the medical provider should have recognized the infection earlier. It is generally necessary to have a professional review the medical records to determine when the provider should have identified the infection. Patients must also prove causation in these cases. They need to show that earlier diagnosis and treatment would have changed the course of their injury.

Medical records are vital as they detail shifts in vital signs, lab results, nursing notes, administered drugs, and the patient’s overall progress.

Infections and Sepsis 

Sepsis occurs when the body overreacts to an infection. If not treated promptly, sepsis can cause additional organ damage, dysfunction, and serious complications. Early treatment of sepsis can be a life-saving measure. 

When infections progress to sepsis, a provider may be negligent if they fail to identify warning signs or respond properly to the patient’s infection symptoms. 

Negligence may involve multiple medical providers. For example, nurses may note changes in the patient’s condition before the doctor examines the patient. Alternatively, abnormal test results may have prompted a change in treatment. A review of that timeline can show whether preventable delays occurred in the patient’s treatment and contributed to their injuries.

Infections at the Surgical Site

Surgeries carry an inherent risk of infection. For this reason, surgical-site infections do not necessarily prove that malpractice occurred. Malpractice might have occurred if the medical team failed to take proper precautions before surgery. Alternatively, a malpractice claim might exist if providers failed to respond appropriately after symptoms of infection developed. 

Monitoring the patient after surgery is important. If the patient’s condition worsens or if they develop concerning symptoms, such as pain or drainage at the surgical site, additional care may be required.

Medical professionals can review whether the care after surgery should have prompted additional interventions. Professionals can also be able to determine if the delay allowed an otherwise treatable infection to progress and cause significant additional harm. 

Ohio Infection Laws and Medical Malpractice Deadlines 

Ohio’s medical malpractice laws may apply when infections are caused by negligent medical treatment. Ohio Revised Code § 2305.113 states that medical claims must be initiated within one year after the cause of action accrues. The same statute establishes a four-year statute of repose from the date of malpractice for many medical claims, which may allow additional time depending on the circumstances.

A 180-day extension to the filing deadline is available through a specific Ohio legal process. A written notice must be provided to a potential defendant before the expiration of the original one-year deadline. The notice must meet specific requirements to be valid. 

FAQs

Q: What if I Did Not Discover the Infection Until After Leaving the Hospital?

A: If you did not discover the infection until after leaving the hospital, you may still be able to file a legal claim. Some types of infections are only recognized after the symptoms become apparent, which can take days or weeks. Delayed discovery can impact Ohio’s filing deadlines, so the circumstances should be reviewed. Ohio statutes generally limit medical claims to one year and impose a four-year statute of repose.

Q: Can Family Members Bring a Claim if the Patient Dies From an Infection?

A: A family member may be able to bring a claim if the patient dies from an infection, depending on the circumstances. If medical negligence played a part in allowing a patient to die from an infection or resulting complications, there may be grounds for a wrongful death claim. Ohio has specific statutory guidelines on who can file a wrongful death claim and what types of losses may be recovered.

Q: Can I Recover the Cost of Future Treatment After Contracting a Serious Infection?

A: Yes, you may be able to recover the cost of future treatment after contracting a serious infection. These expenses are considered economically recoverable losses in Ohio medical malpractice cases. Serious infections can result in the need for future surgeries, rehabilitation services, medication, and long-term care. 

Medical professionals can help determine what future services are reasonable to expect. Financial professionals may also be needed to prove the estimated cost. 

Q: Can I Settle an Infection Case Without Going to Trial?

A: Yes, you can settle an infection case without going to trial. However, settlement is not always possible. Figuring out a settlement involves looking at how strong the proof of negligence and causation is, how bad the damages are, and where the defendants and their insurers are willing to start negotiations. Infection cases can require extensive investigation and professional review before sufficient information is available to adequately discuss settlement. 

Hire an Infections Lawyer Today

Patients may want to hire an infections lawyer after serious medical injury caused by negligent care. A Toledo infections attorney can determine which doctors and healthcare providers made important decisions about the patient’s care. Spangenberg Shibley & Liber can help. Contact us to receive the assistance you need for your case.