When Is a Surgical Infection Considered Malpractice?

Although infections can occur after surgery even when appropriate precautions are taken, a healthcare provider may be responsible when an infection results from a failure to follow the accepted standard of care. Our medical malpractice lawyers in Greenville understand that surgical infections can cause serious and sometimes life-changing complications. Parham Smith & Archenhold, LLC, helps patients and families understand their legal rights and options after medical negligence occurs. 

Defining a Surgical Infection

A surgical infection occurs when harmful bacteria or other microorganisms infect the surgical site or surrounding tissue. Some infections develop shortly after a procedure, while others may not become apparent until days or weeks later. Symptoms can include:

• Increasing pain

• Redness

• Swelling

• Warmth around the incision

• Drainage

• Fever

• Chills

• A wound that does not heal properly

How Can Medical Negligence Cause a Surgical Infection?

Not every surgical infection is caused by negligence. Infection is a known risk associated with many surgical procedures, and healthcare providers generally cannot guarantee that a patient will avoid complications. However, a surgical infection may raise concerns about medical malpractice when a healthcare provider’s conduct falls below the applicable standard of care and causes injury to the patient.

Healthcare providers are expected to take reasonable precautions to reduce the risk of infection before, during, and after surgery. When those precautions are not followed, a patient may face an increased risk of infection and other complications. Potential examples of negligent conduct include:

• Failing to properly sterilize surgical instruments or equipment

• Failing to follow appropriate infection control procedures

• Failing to administer antibiotics when medically appropriate

• Improperly caring for or monitoring a surgical wound

• Failing to recognize signs of infection

• Failing to order appropriate testing or treatment after symptoms develop

• Discharging a patient without appropriate instructions or follow-up care

A surgical infection alone does not establish medical malpractice. A patient generally must demonstrate that the healthcare provider owed a duty of care, failed to provide treatment consistent with the applicable standard of care, and caused or contributed to the patient’s injuries and resulting damages through that failure.

Steps to Take After Developing a Surgical Infection

If you develop signs of an infection after surgery, seeking prompt medical attention should be a priority. Early treatment may help prevent an infection from becoming more serious. You should also keep records of your symptoms, medical appointments, treatments, medications, and expenses related to the infection.

Other important records may include hospital and physician records, discharge instructions, prescriptions, medical bills, photographs of the surgical site, and communications with healthcare providers. 

Taking these steps can help preserve information that may be relevant when investigating the circumstances surrounding your surgical infection.

Learn How Our Medical Malpractice Lawyers in Greenville Can Help

The Greenville medical malpractice attorneys at Parham Smith & Archenhold, LLC, have spent years helping those who need it most. When you meet with one of our lawyers during your free consultation, you’ll be able to explain your situation in full detail. From there, we can provide legal guidance to help you pursue your case with confidence. Contact our office today online or by calling 864-242-9008.