Hospital-Acquired Infection Malpractice in Charlotte

Investigating Infection Control & Sterile Technique Failures

Hospital-acquired infections may support a malpractice claim when improper sanitation or sterile technique causes an illness or worsens an existing condition. Law Office of Thomas D. Bumgardner, PLLC represents Charlotte patients and families in claims arising from care at major hospitals, regional health centers, and private clinics.

We serve clients throughout North Carolina, with a focus on Mecklenburg County. We investigate how the infection developed, whether the facility followed accepted patient safety practices, and which healthcare providers or facilities may be responsible.

Call (704) 870-4779 to request a free case evaluation and discuss a potential hospital-acquired infection claim.

When an Infection May Be Medical Malpractice

An infection alone doesn’t establish negligence. It can develop even when doctors, nurses, and facilities provide appropriate care. A viable claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care and caused measurable harm.

We compare the treatment provided with accepted patient safety practices. Our review may address infection-control procedures, the timing of diagnosis and treatment, laboratory findings, and the patient’s condition before and after the infection appeared.

Evidence that may help us evaluate the care includes:

• Medical records documenting procedures, symptoms, test results, and treatment decisions.
• Policies and records concerning sanitation, equipment handling, and sterile technique.
• Laboratory findings identifying the organism involved and relevant test dates.
• Professional analysis of whether a breach in care caused or worsened the infection.

We review medical records and other evidence with professionals who understand North Carolina healthcare law. We also identify all potentially responsible parties rather than assuming one person or facility caused the injury.

The North Carolina Department of Health and Human Services publishes healthcare-associated infection reports for hospitals in Mecklenburg County. These reports contain public information about infection categories and facility reporting, but facility-level data doesn’t independently prove negligence in an individual patient’s case.

Types of Hospital-Acquired Infections

Hospital-acquired infection malpractice in Charlotte can involve surgery, invasive devices, or exposure during facility-based care. The infection category helps guide the investigation, but it doesn’t establish that a provider violated the standard of care.

• Central-line-associated bloodstream infections: Germs enter the bloodstream through a central line.
• Catheter-associated urinary tract infections: The infection is associated with the use of a urinary catheter.
• Surgical site infections: An infection develops at or near the area where an operation was performed.
• MRSA infections: This strain of bacteria resists several commonly used antibiotics.
• C. difficile infections: These intestinal illnesses can arise in healthcare settings and require a case-specific review of the patient’s care and medical history.

In every category, the central legal question is whether the evidence connects the infection and resulting harm to care that fell below the applicable standard.

North Carolina Filing Rules, Deadlines & Damages

North Carolina Rule of Civil Procedure 9(j) generally requires a qualifying prefiling review when a claim alleges that a healthcare provider failed to meet the applicable standard of care. This requirement must be addressed before filing the complaint, making early record review an important part of preparing the claim.

The limitations period generally relates to the defendant’s last act giving rise to the claim. A discovery-rule exception and a statute of repose may also affect the deadline. Because the correct filing date depends on the facts, patients shouldn’t assume the time begins when an infection is formally diagnosed.

Our attorneys understand the court systems and requirements governing medical malpractice claims in Mecklenburg County. We work within the applicable timeframes and analyze damages as part of the hospital injury investigation.

Potential damages may include:

• Economic damages: Medical expenses, lost wages, and future care costs aren’t subject to a statutory cap under North Carolina medical malpractice law.
• Noneconomic damages: Pain, suffering, emotional distress, loss of consortium, and inconvenience are generally subject to an inflation-adjusted statutory limitation.
• Statutory exceptions: The noneconomic damages limitation may not apply when specified severe injuries or death and specified aggravated conduct are found.

Available damages depend on the evidence, the effects of the infection, and the governing law. The same categories and statutory exceptions don’t apply to every case.

How We Develop a Hospital Infection Claim

We begin by building a timeline of the patient’s underlying condition, admission, procedures, symptoms, diagnosis, treatment, and resulting harm.

We then conduct a comprehensive medical records review and compare the care with accepted patient safety practices. This analysis allows us to evaluate causation, identify potentially responsible parties, and develop the evidence needed for the claim.

We prepare for negotiation with litigation in mind. If a lawsuit is filed, discovery can include document exchanges and depositions, which are sworn question-and-answer sessions used to obtain testimony before trial. We may negotiate or mediate with insurers and proceed to trial and a verdict if the case doesn’t resolve.

The course and duration of a case depend on the available evidence and medical issues. We provide ongoing support and explain the legal steps and decisions as they arise.

Discuss a Charlotte Hospital Infection Claim

Our free case evaluation allows patients and families to discuss the infection, the care provided, and the harm that followed. We can assess whether the available information warrants a deeper investigation and explain possible next steps without promising a particular result.

Our contact form provides a place to tell us what happened. Our personalized approach includes face-to-face meetings and continued support throughout the legal process.

Call (704) 870-4779 to speak with us about potential hospital-acquired infection malpractice in Charlotte.