Infectious Disease Exposure in Medical Settings: Can You File a Lawsuit?

When you visit a hospital, clinic, or other healthcare facility, you expect to receive safe and sanitary medical care. However, negligence in medical settings can lead to serious infections and disease transmission, putting patients at risk for long-term health complications.

If you or a loved one contracted a serious infection due to improper sanitation, contaminated medical equipment, or negligence, you may have grounds for a medical malpractice or personal injury lawsuit. At Sauder Schelkopf, we help victims hold healthcare facilities accountable for preventable infections.

Common Causes of Infectious Disease Exposure in Healthcare Settings

Healthcare-associated infections (HAIs) and disease transmissions often result from poor infection control practices. Some of the most common causes include:

  • Failure to Properly Sterilize Medical Equipment – Surgical tools, catheters, and IV lines that are not properly disinfected can introduce bacteria, fungi, or viruses into the body.
  • Unhygienic Hospital Conditions – Contaminated surfaces, linens, or hospital environments can harbor dangerous pathogens.
  • Drug diversion—the theft or misuse of prescription medications by healthcare providers—can pose serious health risks to patients. When doctors, nurses, or other medical staff tamper with injectable drugs, reuse needles, or substitute medications, they can expose patients to infectious diseases like Hepatitis B, Hepatitis C, and HIV.
  • Inadequate oversight and failure to prevent drug diversion in hospitals and clinics can lead to devastating consequences for patients. If you suspect that drug diversion led to your infection or compromised your treatment, you may have grounds for a medical malpractice lawsuit.
  • Improper Hand Hygiene by Healthcare Workers – Failure to wash hands between patient interactions can lead to cross-contamination and the spread of bacteria like MRSA, C. diff, and E. coli. 
  • Contaminated Blood Transfusions or Needles – Reusing medical equipment, blood supplies, or needles can expose patients to infections like HIV, Hepatitis B, and Hepatitis C. 
  • Negligent Infection Control During Surgery or Medical Procedures – Surgical site infections can occur due to poor sterilization, contaminated instruments, or improper wound care. 

If you or a loved one developed a serious infection after receiving medical care, contact us for a free case evaluation.

Types of Infections Commonly Contracted in Hospitals and Clinics

Hospitals, nursing homes, and other medical facilities can expose patients to a range of infections, including:

  • Methicillin-Resistant Staphylococcus Aureus (MRSA) – A drug-resistant staph infection that spreads in hospitals. 
  • Clostridium Difficile (C. diff) – A severe gastrointestinal infection often caused by improper antibiotic use. 
  • Pseudomonas Aeruginosa – A bacterial infection found in ventilators and catheters. 
  • Sepsis – A life-threatening bloodstream infection that can result from untreated infections in hospitals. 
  • Hepatitis B & C and HIV – Can be transmitted through contaminated blood transfusions or reused needles. 
  • Pneumonia & Respiratory Infections – Often spread in intensive care units (ICUs) and among ventilated patients. 

Can You File a Lawsuit for an Infection Contracted in a Medical Setting?

Yes. If a hospital, doctor, nurse, or healthcare facility failed to follow proper infection control protocols, resulting in an avoidable infection or disease transmission, you may be eligible to file a medical malpractice lawsuit.

To succeed in an infectious disease lawsuit, we must prove:

  • The hospital, doctor, or healthcare provider was negligent. 
  • The negligence directly caused your infection. 
  • The infection resulted in significant harm (medical expenses, lost wages, long-term complications). 

Steps to Take If You Were Exposed to an Infectious Disease in a Medical Setting

Step 1: Seek Immediate Medical Attention 

If you suspect you contracted an infection in a hospital or clinic, document symptoms and seek treatment immediately. This will help establish a medical record linking the infection to the facility.

Step 2: Request Medical Records 

Obtain medical records, lab results, and diagnostic tests that confirm the infection’s source. This evidence will be critical in proving your claim.

Step 3: Document Negligence or Unsafe Conditions 

  • Take photos of unclean conditions in the hospital or clinic. 
  • Keep track of statements from healthcare workers regarding infection control procedures. 
  • Gather witness statements from other patients or staff who noticed negligence. 

Step 4: Contact an Experienced Infectious Disease Attorney 

A medical malpractice lawyer can investigate whether the hospital, clinic, or healthcare provider failed to follow standard infection control procedures.

Compensation in an Infectious Disease Exposure Lawsuit 

If your case is successful, you may receive compensation for: 

  • Medical expenses (hospitalization, treatment, long-term care) 
  • Lost wages (time off work due to illness or complications) 
  • Pain and suffering (physical and emotional distress) 
  • Wrongful death damages (if a loved one died due to hospital-acquired infection) 

See examples of past medical malpractice settlements here. [Read more.](/medical-malpractice-settlements)

Frequently Asked Questions About Infectious Disease Lawsuits

How do I prove a hospital is responsible for my infection? 

You will need medical records, expert testimony, and proof of unsanitary conditions or improper infection control to establish liability.

Can I sue if my loved one died from a hospital-acquired infection? 

Yes. If a healthcare provider’s negligence caused a fatal infection, the victim’s family may file a wrongful death lawsuit.

What if my infection was resistant to antibiotics? 

Hospitals must take special precautions to prevent superbug infections like MRSA. If they failed to do so, they can be held liable.

Is there a time limit to file an infectious disease lawsuit? 

Yes. Statutes of limitations vary by state, typically ranging from 1 to 3 years. Contact us to determine your deadline to file.

Get Legal Help for an Infectious Disease Exposure Case 

If you or a loved one contracted an infection in a medical setting due to negligence, you deserve justice. At Sauder Schelkopf, we fight for victims of medical malpractice and help them recover compensation for preventable infections.

💬 Your case is 100% confidential. Contact us today. 
📞 Call us at 888.711.9975

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Sauder Schelkopf. Laws vary by jurisdiction, and the application of law depends on individual circumstances. You should not act or rely on any information in this post without seeking professional legal counsel. If you need legal assistance, please contact a qualified attorney to discuss your specific situation.