Hospital-Acquired Infection Litigation: Strategies, Evidence, and Defense for Attorneys

Hospital-acquired infections (HAIs) are a leading cause of healthcare litigation, affecting about 1 in 31 hospitalized patients daily according to the CDC. In some regions, such as Georgia, the rate may be even higher—up to 1 in 25—underscoring the widespread risk. When these infections occur after surgery or invasive procedures, attorneys must scrutinize operating room protocols—sterilization, ventilation, and staff practices—to determine liability.

Quantifying Hospital-Acquired Infection Litigation Trends

While the CDC’s statistics highlight the prevalence of HAIs, data on the frequency and value of HAI lawsuits is more variable. Nationally, HAI claims often settle in the mid- to high-six-figure range, with many cases reaching seven figures depending on injury severity and evidence of negligence. Recent, well-documented verdicts include:

Florida, 2019: $15 Million Verdict

A 44-year-old woman with asthma was admitted to Hialeah Hospital, developed MRSA pneumonia, and died after a series of alleged diagnostic failures. Her family claimed the house physician failed to timely diagnose MRSA, leading to her death. The jury awarded $15 million.

Illinois, 2021: $8,050,000 Verdict

A 59-year-old woman presented to an outpatient facility with symptoms, was diagnosed with an upper respiratory infection, and later returned with worsening symptoms. She was eventually diagnosed with MRSA, developed sepsis, and died. Her family alleged negligence in failing to rule out MRSA and appreciate her exposure risk. The verdict was rendered in Cook County, Illinois, in 2021 after a trial.

Maryland, 2010: $1.44 Million Verdict

The family of Thomas Murphy won a $1.44 million verdict after a jury found a physician at St. Joseph Medical Center failed to properly diagnose sepsis upon hospital admission, leading to Mr. Murphy’s death.

For attorneys, it is advisable to consult recent verdict databases for the most current data, as settlement and verdict amounts can vary significantly by jurisdiction and case specifics.

Legal Grounds for HAI Lawsuits

Not every HAI is grounds for a lawsuit. To prevail, a patient must demonstrate that the hospital or medical staff acted negligently, directly causing the infection. This typically requires proof of:

• Duty of care owed to the patient

• Breach of that duty through substandard practices

• Causation linking the breach to the infection

• Damages suffered as a result

  
  

Common Defense Strategies

Defense attorneys in HAI cases often argue that the infection was unavoidable, resulted from the patient’s comorbidities, or was present or incubating prior to admission. They may also assert that all hospital protocols were followed and that the standard of care was met, leveraging infection control logs, staff training records, and expert testimony to rebut allegations of negligence. Emphasizing patient-specific risk factors—such as diabetes, immunosuppression, or pre-existing infections—can be a key defense tactic.

Pathogen Genomics: Legal Admissibility and Practical Considerations

Pathogen genomic sequencing is increasingly used to trace infections to their source. This technology can help determine whether infections originated from a common source within the hospital or from external factors. In court, genomic evidence is generally admissible under Daubert or Frye standards if the methodology is scientifically valid and widely accepted—for example, if it aligns with CDC or WHO guidelines.

However, genomic testing can cost $5,000–$10,000 per case, making it less feasible for smaller claims. Attorneys should weigh the cost against the potential value of the case and the strength of other evidence.

Insurance Dynamics and Settlement Timing

Hospital liability insurers play a central role in HAI litigation. Insurers evaluate the strength of the evidence, the severity of injury, and the potential for a large verdict. They may push for early settlement if the evidence of negligence is strong, but will often defend aggressively if the hospital’s protocols appear sound. Insurers’ strategies can influence negotiations and settlement timelines, so understanding their approach is key for effective case management.

Settlement timing often hinges on discovery findings: If sterilization or ventilation logs reveal protocol lapses, insurers may be more inclined to settle after discovery is complete. In general, settlement negotiations can take anywhere from a few weeks to several months after a demand letter, depending on case complexity and insurer response.

Discovery Checklist: Key Documents and Questions

To build a strong case, attorneys should request the following documents in discovery:

Sterilization logs (last 12 months)

• Ventilation maintenance schedules and air exchange rate reports

• Infection control officer training records

• OR swab/test results from the procedure date

• Patient medical records and treatment notes

Deposition questions to consider:

• “Who verified sterilization cycles on the date of surgery?”

• “Were staff trained on current CDC gowning and hand hygiene protocols?”

• “How often are HEPA filters replaced, and by whom?”

• “Was the infection control officer involved in the investigation of this case?”

Expert Analysis: When Is It Worth the Investment?

Independent expert analysis is essential in cases where:

• Liability is ambiguous (e.g., community-acquired vs. hospital-acquired infections)

• Protocol compliance is poorly documented

• High damages are at stake

Expert witnesses can review medical records, analyze infection control practices, and provide testimony on causation and standard of care. While hiring experts adds cost, early evaluation can streamline settlements or dismissals, reducing long-term litigation expenses.

Dr. F. Ramzi Asfour, infectious disease specialist and founder of Praxis Med Experts, emphasizes, “Cultures and records pinpoint infection sources—focus there. In high-stakes cases, assumptions waste time and money.”

Bottom Line for Attorneys

For Plaintiffs: Prove negligence with sterilization/ventilation logs, expert testimony, and genomic evidence when available.

For Defense: Use CDC/ASHRAE compliance records, emphasize patient comorbidities or pre-existing infections, and leverage expert analysis to rebut claims.

For All: Invest in experts early for complex cases. Their analysis often dictates settlement leverage or trial outcomes.

Need clarity? Prioritize data, challenge methodologies, and let evidence—not rhetoric—drive your strategy. In infection control litigation, facts matter most. With the right evidence and expert guidance, attorneys can achieve the best results for their clients.

Praxis Med Experts delivers unbiased, evidence-based insights to empower all sides. Contact us for your next case.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Every case is unique, and legal professionals should consult appropriate resources for specific guidance.