As we seemingly enter a new and heightened phase of the coronavirus pandemic, particularly in Seattle, I am reminded how easy it is to get infected with viruses, and how difficult it can be to prevent such infections.
This is particularly in the context of infections in hospitals. Each year, 1.7 million Americans are infected while in the hospital. The CDC calls these “Healthcare-associated infections” (HAIs) The cost is considerable, both in lives and health, and in actual dollars. Tens of thousands of patients die every year due to HAIs, and it is estimated that these cost the US health care system billions (with a “b”) of dollars.
When potential clients call our office and tell us a story of suffering from a HAI, as much as it is heartbreaking to listen to the harm caused, it is almost always the case that we cannot help them with their claim.
That’s because, unless the organism causing the infection should simply not be in a hospital or OR, or there is some other unique circumstance, it is almost always impossible to prove that a particular action or failure to act by a provider caused the infection. Was it because the surgeon didn’t wash his hands adequately prior to the operation? Could be? Was it because the room wasn’t adequately cleaned? Maybe. Or the sheets weren’t changed in a timely manner? It’s possible.
But it also could be from a visitor you had the night before. Or the clothes you brought from home. And proving what caused the infection is often time impossible to do.
This coronavirus pandemic highlights the difficulty proving negligence in HAIs
This is highlighted by the current coronavirus pandemic. We are all on heightened alert to change our behavior to attempt to stop or slow the spread of this deadly virus. Suddenly, it is much more obvious – with every doorknob or handle I touch, with every business I frequent, or neighbor I pass by on my evening walk – any of these interactions may result in getting the virus.
If I do end up infected, will I be able to look back and pinpoint when I was infected, and how? Perhaps it a team of epidemiologists are on the case, we might be able to do it with the coronavirus. But with typical HAIs, that is typically too high of a hurdle to jump over.
