Medical Negligence Claim for Hospital-Acquired Infection

Hospital Infection — Definition, Types, and Victim's Rights

Hospital infection (Healthcare-Associated Infection, HAI) is an infection acquired during hospitalization or medical treatment, and which was not present at the time of the patient's admission to the medical facility. Such infections may result from medical negligence — such as failure to maintain hygiene standards, use of contaminated equipment, failure to follow sterilization protocols and tests, or inappropriate treatment. When a hospital infection causes physical injury, suffering, prolonged hospitalization, or loss of work capacity, the victim has a legal right to claim compensation for medical malpractice.

In Israel, the obligation to maintain cleanliness and sterilility in hospitals is regulated by health laws, safety regulations, and international standards. When a medical facility or medical team breaches these obligations, and damage is sustained by the victim, compensation may be claimed under tort law.

Most Common Types of Hospital Infections

• Bloodstream Infection (Sepsis): A serious infection often resulting from surgical procedures, catheter insertion, or failure to maintain hygiene standards in wound care.
• Urinary Tract Infection (UTI): Often related to catheter insertion without attention to sterility, or failure to replace equipment according to protocol.
• Pneumonia (Lung Infection): May result from inadequate cleaning of ventilation machines, or failure to implement infection prevention protocols in mechanical ventilation care.
• Surgical Site Infection: Caused by failure to maintain sterilility in the operating room, use of contaminated equipment, or inadequate wound care following surgery.
• Fungal Infections: Develop as a result of improper use of intravenous fluids, or failure to clean catheters and medical equipment.

Each of these infections may lead to significant suffering, prolonged hospitalization, need for additional treatment, or even death. In any case where there is reasonable cause to believe that the infection resulted from medical negligence, the victim (or family members) has the right to claim compensation.

What is Medical Negligence in the Context of Hospital-Acquired Infections?

Medical negligence is defined as an action or omission by a medical team or medical institution that violates the required professional standard and causes harm to a patient. In the context of hospital-acquired infections, medical negligence may manifest itself in various ways:

Examples of Medical Negligence in Hospital-Acquired Infections

• Failure to maintain hygiene protocols: Medical staff failing to change gloves, masks, or sterile clothing between patients, or failing to sanitize hands as required.
• Use of contaminated equipment: Placement of catheters, surgical instruments, or ventilators that have not undergone proper sterilization.
• Failure to perform sterility testing: A medical institution that does not regularly test the sterility of equipment and medical materials.
• Failure to monitor signs of infection: Medical staff failing to check for symptoms of infection or failing to respond promptly to signs of infection when detected.
• Inadequate treatment of detected infection: Incorrect diagnosis, delay in treatment, or use of inappropriate medications.
• Failure to properly isolate an infected patient: Failure to separate an infected patient from other patients, resulting in the spread of infection.

In any case, to prove medical negligence due to a hospital-acquired infection, convincing evidence is required — an independent medical examination, complete medical documentation, and a professional analysis of standards accepted in the medical field in Israel. Mandelboim, Gor, and Witzman-Gor office works with experienced medical experts to review such cases and document the necessary evidence.

The Process of Filing a Claim for Hospital Negligence — Legal Procedures and Precision

A claim for medical negligence regarding hospital infections typically proceeds through the following stages:

Stage 1: Initial Contact and Preliminary Review

At this stage, you contact our law office in Ramat Gan and provide us with the details of your case. We request all medical documentation — the complete medical file contents, laboratory test results, surgical reports, X-ray images, and medical team notes. After thoroughly reviewing all documents, we determine whether there is a reasonable basis to allege medical negligence.

Stage 2: Obtaining Independent Medical Expert Opinion

To prove medical negligence, we require an opinion from an independent physician with expertise in the relevant field (for example, an infectious disease specialist or an expert in sterilization procedures in hospitals). The expert reviews the case and confirms or refutes the existence of negligence. This expert opinion is critical evidence in the claim.

Stage 3: Initial Claim to Professional Liability Insurance

At this stage, we send a formal compensation demand to the hospital's insurer (typically a medical malpractice insurance company), accompanied by the expert medical opinion. The insurer reviews the claim and may agree to a settlement or offer a lower proposal. Generally, negotiations take place at this stage.

Stage 4: Negotiations and/or Filing a Legal Claim

If no settlement is reached with the insurer, we file a legal claim in the district court. The claim is presented in detail, presenting all evidence — medical documentation, expert opinions, testimonies from patients and family members, and an in-depth legal discussion of the required standards of care for infection prevention in hospitals.

Stage 5: Full Legal Proceedings

During the legal proceedings, both parties submit evidence, testimonies, and arguments. The court examines all data and decides whether medical negligence existed and, if so, the appropriate amount of compensation. In some cases, the parties may reach a settlement even during the proceedings.

Stage 6: Court Judgment or Final Settlement

Upon completion of the proceedings, the court issues a judgment obligating the hospital (or its insurer) to pay compensation. If you reached a settlement before judgment, compensation is paid according to the settlement terms. We protect your rights at every stage, handling all financial and legal matters on your behalf.

Important Note: National Insurance

In parallel with your civil claim, you may be entitled to benefits from national insurance — disability benefits, covered medical expenses, family member mortgage payments, and more. We protect all your rights in both areas simultaneously.

Compensation Ranges in Hospital Infection Medical Negligence Claims

The compensation amount in a claim for medical negligence due to hospital infection depends on many factors: severity of the infection, duration of additional treatment, impact on work capacity, age of the victim, economic status, and psychological suffering. Below is a table presenting typical compensation ranges in various scenarios — however, it is important to remember that each case is unique, and final compensation is determined based on the precise circumstances of the case.

Important Note: The ranges above are general estimates only, based on case law and experience in the field. Each case is examined individually, according to its specific circumstances. The final compensation amount will be determined by the court or in a settlement with the insurer, and depends on the specific evidence in the file.