A hospital stay should help you recover, not leave you with new health problems. Yet some patients develop severe infections during or after treatment. These infections can cause lasting complications, prolonged hospitalizations, and, in some cases, death. While some infections are unavoidable, others occur because medical staff failed to follow basic hygiene or safety procedures.
If you or someone close to you developed an infection in a healthcare facility, you may be able to sue for hospital-acquired infections. At Poulos & Coates, LLP, we have decades of experience handling these cases throughout New Mexico. We can determine whether your infection was preventable and whether you may have a claim.
What Is a Hospital-Acquired Infection?
A hospital-acquired infection (HAI) is an infection that begins 48 hours or more after hospital admission or within days of a medical procedure. These infections often result from inadequate sanitation, poor infection control, or contaminated equipment.
Hospitals are responsible for maintaining sterile conditions to protect patients. When an infection develops because the facility or provider failed to meet those standards, you may have grounds for an infection malpractice claim.
Common Types of Hospital-Acquired Infections
Some infections appear more frequently in infection malpractice claims because they are often preventable through standard care. Common types of hospital-acquired infections include:
- MRSA infections—spread through contaminated hands or instruments and can lead to severe tissue damage;
- Sepsis—a body-wide reaction to infection capable of causing organ failure and death if not treated quickly;
- Surgical site infections—resulting from poor sterilization or improper wound care; and
- Ventilator-associated pneumonia—a condition that can develop when breathing machines are not properly sanitized.
These conditions can require extensive treatment, rehabilitation, or long-term care. Suing a hospital for MRSA or sepsis in New Mexico requires the expertise of an experienced medical malpractice attorney. Our firm has successfully represented families in New Mexico facing these serious outcomes.
When Does a Hospital Infection Constitute Medical Malpractice?
Not every infection is preventable, but hospitals and healthcare providers must take reasonable precautions. Medical malpractice occurs when a professional’s careless action or omission directly causes a patient’s injury.
In infection-related cases, negligence may involve:
- Failing to disinfect tools, linens, or patient rooms;
- Ignoring basic handwashing or glove-changing protocols;
- Not monitoring patients for early signs of infection;
- Administering antibiotics incorrectly or too late; or
- Overcrowding or understaffing that leads to unsanitary conditions.
To sue for hospital-acquired infections, a patient must show that substandard care caused the infection and led to measurable harm. Our team has the medical and legal insight to assess whether negligence occurred.
How to Prove an Infection Malpractice Claim in New Mexico
Proving an infection malpractice claim requires showing four essential elements:
- Duty of care—the hospital or provider was responsible for delivering appropriate medical treatment;
- Breach—that duty was violated through an act or failure to act;
- Causation—the breach directly caused the infection; and
- Damages—the infection caused physical, financial, or emotional harm.
New Mexico law also requires claims to pass through the Medical Review Commission before filing a lawsuit in court. This review process helps determine whether sufficient evidence exists to suggest negligence occurred.
Courts rely on detailed evidence to evaluate whether a healthcare provider’s conduct caused the infection. Examples of evidence used in these claims include the following:
- Medical records—show the care received, infection onset, and treatments given;
- Hospital policies and sanitation logs—may reveal whether staff followed infection control procedures;
- Expert testimony—can explain how the infection developed and whether it could have been prevented;
- Witness statements—may confirm unsanitary conditions or lapses in care; and
- Laboratory or test results—identify the type and source of the infection.
At Poulos & Coates, each case is analyzed by a lawyer, doctor, and nurse who examine these materials together. Their combined expertise helps determine whether the evidence supports a clear connection between negligent care and the infection.
Who May Be Liable for a Hospital-Acquired Infection?
Liability depends on which party’s negligence contributed to the infection. Those who may be held accountable include:
- Hospitals that fail to maintain sanitary conditions or enforce infection control policies;
- Doctors or surgeons who overlook infection risks or delay diagnosis;
- Nurses and medical staff who do not follow hygiene procedures or monitor patients appropriately; or
- Outside contractors, such as cleaning companies or laboratories, whose errors cause contamination.
Identifying responsibility requires a detailed review of records, timelines, and infection-control logs. Poulos & Coates has handled complex cases involving multiple defendants and healthcare systems across New Mexico.
How Poulos & Coates Reviews Hospital Infection Lawsuits
Our process begins by thoroughly investigating your medical records and the care you received. A lawyer, doctor, and nurse work together to determine whether your infection was preventable through reasonable care.
We may consult outside experts, including infection control specialists and hospital administrators, to determine whether a violation of standards occurred. If negligence is evident, we can file a claim to hold the responsible party accountable.
There are no upfront costs for us to review your case. You only pay if we achieve a settlement or verdict in your favor.
What Compensation Can Be Recovered?
The compensation available through a hospital-acquired infection lawsuit depends on the severity of the illness and its long-term effects. Recoverable damages may include:
- Medical expenses for additional hospitalizations and treatments,
- Lost wages and reduced earning capacity,
- Physical and emotional pain and suffering,
- Costs for ongoing medical or home care, and
- Wrongful death damages for families who lost a loved one.
Our attorneys focus on shifting the financial impact of medical negligence from you to the insurers of those responsible.
Contact Poulos & Coates for Help Filing a Hospital-Acquired Infection Lawsuit
If you suspect a hospital’s poor hygiene or negligent care caused your infection, you have the right to seek answers. Poulos & Coates, LLP is the only New Mexico law firm devoted exclusively to medical malpractice, with more than 100 years of combined trial experience and over $500 million recovered for clients.
Our in-house doctor and nurse provide immediate medical insight into every case, allowing us to evaluate claims efficiently and thoroughly. We proudly serve clients across New Mexico from our office in Las Cruces. Consultations are free, and you owe nothing unless we recover compensation. Contact us today at 575-523-4444 to schedule your no-charge consultation.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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