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Surgical Site Infection Lawsuit

It is estimated that between 2 percent and 5 percent of patients undergoing surgery get surgical site infections. Contracting a surgical infection after a procedure can be a severe complication that should be addressed as soon as possible.

There are many cases of surgical infections that have resulted from medical negligence. The failure of doctors and hospital staff members to take appropriate actions to prevent the spread of infection during and following operative procedures places lives at risk.


The personal injury attorneys of Rosenfeld Injury Lawyers, LLC have found that surgical site infections are far more commonplace than they should be due to a rise in drug-resistant bacteria strains and poor hygienic practices by surgeons and their staff. Our legal team is dedicated to providing the best possible service and will fight to get you the compensation you deserve.

Our Chicago medical malpractice lawyers have decades of experience handling complex medical malpractice and personal injury claims. Contact our law firm at (888) 424-5757, and we will schedule a free consultation with an experienced attorney to review your medical malpractice claim.

How Do Surgical Site Infections Occur?

Infections are defined as surgical site infections if they occur thirty days after surgery with no implant or within one year if there is an implant. If a cut or the wound begins to open, the area can be exposed to foreign material.

The three common types include the bacteria staphylococcus aureus, streptococcus, and pseudomonas.

Medical negligence is one of the common causes of infections after surgery. Here are some of the many ways that someone can contract a surgical site infection.

The Use of Contaminated Tools or Supplies During Surgical Procedures

Every object that comes in contact with a patient must be properly sterilized. Unclean surgical practices and procedures that are not followed in hospitals contribute to this problem.

Medical personnel must also properly prepare their hands and surgical attire before the procedure to avoid contaminating the patient. Drapes in the rooms where surgery is performed must also be regularly washed because they can also contain contaminants.

Improper sterilization of an operating room and poor ventilation systems can also affect a person undergoing surgery.

Inadequate Aftercare

If the patient is exposed to an unclean environment following a procedure and health care staff does not take measures to ensure the site remains clean, an infection can set in.

Health care workers must also take extra precautions when changing the wound dressing of a patient.

Rushing the Surgical Procedure or the Recovery

During an emergency procedure, a chaotic environment may lead to medical errors. If the surgical team is in a rush, they may be unaware of a surgical item falling into the patient’s body.

A retained foreign object can result in an infection and other complications. Rushing a procedure can also result in the improper use of antimicrobial prophylaxis, an antibiotic used before surgery to prevent infection.

Additionally, if doctors do not ensure that wounds are closed up properly, they risk being infected. Hospitals may also attempt to discharge patients well before they are ready.

It is recommended that all patients remain under observation long enough to ensure they will not develop an infection after being sent home.

Risk Factors Associated With Surgical Site Infections

A doctor’s medical error during or after surgical procedures is a huge problem that leads to surgical infections. There are risks associated with the surgery and the patient’s history that can also increase the chances of infection.

Sometimes, a doctor and nurses can do nothing to prevent an infection, but they can do plenty to diagnose and treat one. Even if a procedure goes well and every precaution is taken to ensure that the tools and equipment are sanitized, an infection can still develop.

Some of the risk factors for surgical site infections include:

  • A surgery that lasts over 2 hours
  • Older age
  • Overweight
  • Smoking
  • Cancer
  • A weak immune system
  • Diabetes
  • Anemia
  • Skin disease
  • Emergency surgery
  • Abdominal surgery

What Are Signs and Symptoms I May Experience?

There are different kinds of surgical site infections ranging from mild to life-threatening.

Some of the symptoms a person may experience are:

  • Redness
  • Fever
  • Severe pain
  • Warmth on the site
  • Swelling
  • Pus around the surgical site

What Should You Do If You Have a Surgical Site Infection

Seek treatment for early detection as soon as you experience any of the symptoms listed above. If an individual receives prompt treatment, they will be able to recover and heal without any complications.

However, the failure to diagnose a surgical site infection can lead to severe complications that include septic shock, organ failure, and death. If it spreads too rapidly or becomes resistant to medication, it may be necessary to remove the affected limb to save the patient’s life.

There could be additional medical bills for treatment, another surgery, and ongoing future treatment. A medical malpractice attorney can help you recover present and future medical costs, compensation for lost wages, pain and suffering, and a decline in quality of life.

You will need to hire the services of a medical malpractice attorney to prove negligence on the part of the doctor and to prove that the medical error was the direct or proximate cause of the complication.

Hire a Medical Malpractice Attorney If a Family Member Died Due to Negligence

According to the Centers for Disease Control (CDC), 75% of deaths associated with surgical site infections are directly attributable to the site infection. They are the most prevalent type of infection associated with medical care.

If you have a family member that has died, you should contact a lawyer to file a wrongful death claim. A relative or personal representative can file a wrongful death lawsuit against the doctor, hospital, and staff to recover for losses that resulted from the patient’s death.

Compensation in a wrongful death case will be determined based on the circumstances surrounding the surgical infection, the loss of financial and emotional support, and funeral expenses. If the surgeon or hospital is found to have acted recklessly, you may also be awarded punitive damages.

You should speak with a medical malpractice lawyer as soon as possible to prove negligence and determine your best options. Each state has different statutes of limitations and categories of damages that individuals can claim.

In Illinois, a person must file a wrongful death case within two years of the loved one’s death. You should seek the help of a medical malpractice attorney to assist with the process of a lawsuit and to answer any questions.

Contact a Medical Malpractice Lawyer About Filing a Lawsuit

Seeking representation from a medical malpractice attorney can allow you to recover compensation. If you are the victim of medical malpractice, you should file a lawsuit with the assistance of a lawyer to hold the negligent parties responsible.

Postoperative infection is often preventable, and punitive damages are also possible in these medical malpractice cases. A medical malpractice lawyer will be able to investigate, prove negligence, and fight to compensate you for injuries and suffering.

Rosenfeld Injury Lawyers LLC is an award-winning law firm dedicated to representing the needs of those who have been injured due to other peoples’ negligence. If you suspect that you developed an infection because your doctor or hospital staff failed to take appropriate action during or following your surgery, contact us toll-free at (888) 424-5757 to learn more about your rights and schedule a free consultation with a medical malpractice lawyer.

Your physical and financial recovery is our priority, which is why we will never ask for legal fees upfront. You are also assured that if our Chicago medical malpractice law firm cannot secure damages on your behalf, our services will be free of charge.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.


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