What Is Failure to Prevent or Treat Infections?

Failure to prevent or treat infections is a serious form of medical negligence that can lead to life-threatening complications, prolonged hospital stays, permanent injury, or death. In New York, medical providers are expected to uphold strict standards when it comes to infection prevention and care. Failing to do so can constitute medical malpractice, particularly when it results in avoidable harm to the patient. A knowledgeable White Plains medical malpractice lawyer can help victims understand their rights and pursue compensation for the harm caused by substandard care.

What Constitutes a Failure to Prevent or Treat Infections

Failure occurs when providers ignore symptoms, delay treatment, or do not follow protocols for infection prevention. Common examples include:

Unsterile Surgical Conditions

Using unclean instruments or neglecting to maintain a sterile environment during surgery can introduce harmful bacteria. For instance, a patient may develop a surgical site infection because the operating room was not properly disinfected.

Delayed Diagnosis

If a patient shows signs of infection—such as fever, swelling, or pus—and the provider fails to act promptly, the infection can worsen.

Improper Device Use

Catheters, IV lines, and ventilators must be used and maintained correctly. Leaving a catheter in too long or not changing it as recommended can result in a severe infection, such as a urinary tract infection that progresses to sepsis.

Lack of Follow-Up or Instructions

Patients discharged without proper wound care guidance or without being warned about infection signs may not know when to seek help.

Failure to Treat After Diagnosis

Once an infection is identified, providers must begin appropriate treatment without delay. Failure to start antibiotics or refer the patient to a specialist can cause the infection to spread or become life-threatening. Patients are especially vulnerable to infections after surgery, during long hospital stays, or while being treated for serious illnesses. Individuals with weakened immune systems, including the elderly or those undergoing cancer treatment, are at even higher risk.

Legal Liability in Infection Cases

Infection-related harm may qualify as medical malpractice if the provider’s actions (or inaction) fall below the accepted standard of care. To hold a provider liable, the injured patient must show that:

• A doctor-patient relationship existed
• The provider failed to prevent or properly treat the infection
• That failure caused the infection or made it worse
• The patient suffered measurable harm as a result

Hospitals, physicians, nurses, or even nursing homes can all be held liable, depending on where and how the infection occurred.

Why Preventable Infections Happen

Failures to prevent or treat infections often result from a mix of the following:

• Understaffing can lead to rushed care, skipped sanitation steps, or missed signs of infection.

• Inadequate training or failure to enforce hygiene protocols may cause providers to mishandle equipment or overlook basic infection control.

• Communication breakdowns between departments or during shift changes often delay diagnosis or treatment.

• Ignoring patient risk factors, such as age or immune status, can result in insufficient monitoring.

• Systemic issues—like outdated hospital procedures or poor oversight.

These failures are preventable when healthcare providers follow standards and prioritize patient safety.

Types of Compensation Available

Patients who suffer from preventable infections due to medical negligence may be entitled to various forms of compensation under New York law:

Medical Expenses

The cost of all infection-related treatment, including hospitalization, antibiotics, surgeries, follow-up care, and long-term medical needs.

Lost Wages

If the infection prevents a patient from working, they may be compensated for income lost during recovery. Severe infections that lead to long-term disability may also justify compensation for reduced future earning capacity.

Pain and Suffering

This includes physical pain, emotional distress, anxiety, and any loss of enjoyment of life that results from the infection and its complications.

Permanent Disability or Disfigurement

If the infection causes lasting harm—such as organ damage, amputations, or visible scarring—victims may receive compensation for the ongoing impact on their quality of life.

Wrongful Death Damages

In fatal cases, surviving family members may recover for funeral expenses, emotional loss, and the suffering experienced by the deceased prior to death.