When you or a loved one seek medical care, you trust that hospitals and healthcare professionals will do everything possible to protect you from harm, including preventable infections. Unfortunately, across Michigan, patients continue to suffer serious injuries, permanent disability, and even death because of failures to prevent or properly treat infections in medical settings. If you believe a preventable infection caused by negligent medical care has impacted your life, understanding your rights and how Michigan medical malpractice law applies is crucial.
Table of Contents
Understanding the Duty to Prevent Infections in Michigan Healthcare
Hospitals, nursing homes, outpatient centers, and other healthcare facilities in Michigan are expected to meet strict standards when it comes to infection prevention. This means that staff must follow established protocols, such as thoroughly washing hands, sterilizing equipment, monitoring patients for signs of infection, and quickly treating any symptoms that might arise. When these protocols are ignored or applied inconsistently, patients are placed at unnecessary risk.
For example, consider a scenario where a patient undergoes routine surgery, but due to lapses in sterilization or inadequate post-operative monitoring, develops a severe MRSA infection. The impact can be life-changing, leading to prolonged hospitalization, multiple surgeries, or even loss of limb or life. Families trust healthcare providers to use the utmost caution, and when that trust is breached, Michigan law provides a pathway for holding these professionals accountable. If you have suffered due to a failure to prevent or treat an infection, contacting a top-rated medical malpractice lawyer can help you understand your options and preserve your rights.
Common Types of Infections Resulting from Medical Negligence
Despite advances in modern medicine, infections acquired in medical facilities remain a major source of injury. Some of the most common examples of preventable infections include surgical site infections, catheter-associated urinary tract infections, central line-associated bloodstream infections, and ventilator-associated pneumonia. These infections often result from lapses in protocol, such as failing to use sterile equipment, not washing hands properly, or not monitoring wounds and surgical sites for early signs of infection.
In Michigan, cases have involved patients who suffered devastating consequences because their healthcare teams failed to recognize clear signs of infection or ignored abnormal lab results. Others have had feeding tubes or central lines improperly placed, causing leaks and critical illness. These errors can quickly turn routine procedures into medical emergencies. When infections are not identified and treated promptly, the results can be catastrophic and often require extensive medical intervention or create lifelong disabilities.
If you have experienced harm in a hospital or nursing home due to an infection that could have been prevented, you may have grounds to pursue a claim with a Michigan medical malpractice lawyer. Negligence in these situations is not just about the infection itself, but about the failure to adhere to the accepted standard of care that would have protected you or your loved one.
Proving Medical Malpractice in Failure to Prevent Infection Cases
For a medical malpractice claim to succeed in Michigan, you must demonstrate three main elements: that a provider-patient relationship existed, that the provider breached the accepted standard of care, and that the breach directly caused your injury. In cases involving infections, this might mean showing that a doctor, nurse, or facility failed to follow hygiene protocols, failed to recognize early warning signs of infection, or delayed necessary treatment.
Michigan courts expect thorough documentation and often require testimony from other medical professionals to establish what the standard of care was and how it was violated. For instance, if a nurse fails to monitor a post-surgical patient for infection signs, or a doctor disregards lab results indicating a brewing infection, those actions may be considered negligent under the law.
Proving the link between the substandard care and your damages—such as additional surgeries, permanent disability, loss of income, or emotional distress—requires a careful gathering of evidence and expert opinions. This makes working with a seasoned Michigan medical malpractice attorney essential. With deep knowledge of Michigan medical malpractice law and access to medical experts, your attorney will build the strongest possible case on your behalf.
The Legal Process for Pursuing a Failure to Prevent Infection Claim in Michigan
Medical malpractice cases in Michigan, particularly those involving preventable infections, are complex and subject to strict procedural rules. Before you can file a lawsuit, you must serve a Notice of Intent to Sue to the healthcare provider at least 182 days in advance. The statute of limitations generally allows two years from the date of the negligent act or six months from the discovery of the malpractice, with some exceptions.
During your case, your medical malpractice attorney will obtain your medical records, consult with medical experts, and assemble a comprehensive account of what went wrong. It’s not uncommon for hospitals and providers to deny responsibility, as seen in cases where a surgical sponge was left inside a patient or when infection warning signs were ignored. Your attorney will ensure your case is thoroughly documented and aggressively pursued, whether through negotiation or at trial.
Damages available in these cases can include compensation for medical bills, lost wages, pain and suffering, disfigurement, diminished earning capacity, and, in tragic cases, wrongful death. If you’re unsure whether your infection was the result of negligence, reaching out to a Michigan medical malpractice lawyer for a free consultation can clarify your next steps.
Real Michigan Cases: The Human Cost of Preventable Infections
Many Michigan families have faced the devastating consequences of preventable infections due to medical negligence. Some have lost loved ones to sepsis after medical staff failed to recognize or treat the infection in time. Others have required limb amputations or lifelong medical care after infections weren’t prevented or managed appropriately.
Consider the example of a patient who underwent spinal fusion surgery, only to develop a MRSA infection that spread to vital organs because the hospital failed to monitor her recovery and order necessary follow-up tests. Another Michigan case involved a neglected nursing home resident who developed pressure ulcers that went untreated, resulting in fatal infections. In both scenarios, a proper standard of care could have prevented tragedy.
If you or a loved one is experiencing lingering pain, repeat hospitalizations, or severe complications following medical treatment, do not wait to speak with a medical malpractice lawyer. Early legal intervention can help preserve evidence, document your injuries, and hold negligent parties accountable.
FAQs About Failure to Prevent Infections and Michigan Medical Malpractice Claims
What are the most common causes of healthcare-associated infections in Michigan?
The most common causes include failure to adhere to hygiene protocols, improper sterilization of equipment, and lack of monitoring for infection signs. Poor communication between caregivers and delays in treatment also contribute to preventable infections.
How can I prove that my infection was due to medical negligence?
You must show that the provider did not follow the accepted standard of care and that this failure directly led to your infection. Medical records, expert testimony, and documentation of your injuries are key evidence.
What compensation can I recover in a Michigan medical malpractice infection case?
Compensation may cover medical bills, lost income, pain and suffering, permanent impairment, and, in wrongful death cases, funeral costs and loss of companionship.
How long do I have to file a claim for an infection caused by medical negligence in Michigan?
Generally, you have two years from the date of the negligent act or omission, or six months from when you discover the malpractice, but no more than six years after the event in most cases. Exceptions exist, so prompt legal consultation is important.
Other Resources About Hospital/Facility-Related Malpractice
- Failure to Monitor and Michigan Medical Malpractice Claims
- Improper Discharge in Medical Malpractice Claims in Michigan
- Negligent Credentialing and Michigan Medical Malpractice Cases
- Failure to Prevent Infections and Michigan Medical Malpractice Claims
- Inadequate Staffing or Supervision and Michigan Medical Malpractice
We fight hard. And we win.
News & Case Alerts
Read related articles and learn about recently filed cases.
Praise for Nathan Robbins
One phone call made a world of difference! Thanks, Nate, for addressing and acknowledging my concerns! Great professionalism.
Praise for Judith Susskind
Ms. Susskind, your honesty, professionalism, and compassion meant a lot to me. I’m especially grateful for how thoroughly you reviewed my records and for the time you spent listening to my story. It’s been incredibly painful to reopen these wounds over and over and live them daily. Your kindness helped…
We Care About Our Clients
Everyone I have spoken with at Sommers Schwartz during my claim has showed me immeasurable amounts of kindness, respect, and care. I truly can’t say enough positive things about them. The way they’ve cared about me makes a big difference! Thank you!
About Paulina Kennedy
Paulina Kennedy is amazing!! She went above and beyond to work on my case and kept me posted and updated every step of the way. I cannot thank her enough for her work and professionalism.
From a Happy Client
I can’t thank this team enough. From start to finish, they were compassionate, knowledgeable, and truly dedicated to getting the best possible outcome for me. It made such a difference knowing I had a team that genuinely cared.
Praise for Lenore Zakhem
Lenore Zakhem worked on my liability case efficiently and effectively! I would recommend and Sommers Schwartz for any legal matters in the future!!
A Referring Attorney Praises Matt Turner
I have years of experience with the attorneys and staff at Sommers Schwartz. Over that time, I have referred a number of people to attorneys there. These referrals include friends and family, who I would trust to only Sommers Schwartz. Whenever I refer someone to attorney Matt Turner and his…
Kind Words for Matthew Turner
If you’re seeking a medical malpractice attorney, Matthew Turner is an exceptional choice and empowers trust through his remarkable expertise. From our initial consultation with Matt, my husband and I felt inspired by his confidence. Although the process was lengthy, Matt and his team, particularly his assistant Janice, consistently provided…
Our Clients Say It Best








