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Can You Sue for a Hospital-Acquired Infection in Florida?

Can You Sue for a Hospital-Acquired Infection in Florida?

Get insights on these medical malpractice lawsuits, including the statute of limitations, compensation, and critical filing requirements.

When people enter hospitals, they expect to receive care that improves their health. “First do no harm” is a core ethical principle that medical professionals are expected to follow. Yet, every year, thousands of patients suffer serious complications because of infections that develop during their hospital stay. These infections, known as hospital-acquired infections (HAIs), can cause prolonged illness or disability, and in some cases even death.

HAIs are among the most common adverse events in healthcare worldwide, responsible for high rates of morbidity, mortality, and healthcare costs. While not every infection in a hospital is grounds for a lawsuit, patients may have legal options if the infection was caused by negligence, poor sanitation, or a failure to follow infection control protocols.

Filing a hospital-acquired infection lawsuit in Florida can be complex, as strict statutory requirements apply. Victims must prove that a hospital or provider breached the prevailing professional standard of care and that this breach caused harm. Florida law also imposes strict deadlines (statutes of limitations) on medical malpractice claims, meaning these must be filed within a limited timeframe.

In this article, we’ll break down:

What Is a Hospital-Acquired Infection?

A hospital-acquired infection (HAI) is an infection that a patient develops while receiving care in a healthcare facility. By definition, these infections typically occur 48 hours or more after admission, meaning they were not present or incubating at the time the patient was admitted to the healthcare facility.

Not all hospital-acquired infections are grounds for a medical malpractice lawsuit. However, if it can be proven that the infection was avoidable or that a failure to diagnose the infection led to further harm, this may create grounds for a lawsuit.

Common Types of Hospital-Acquired Infections

Hospital-acquired infections are not all the same. Some are more common and dangerous than others, and each presents unique risks for patients. The following are among the most frequent and serious HAIs in Florida hospitals:

  • MRSA (Methicillin-resistant Staphylococcus aureus) is a type of staph bacteria that has become resistant to common antibiotics. It can spread through surgical wounds, IV lines, or catheters, and is especially dangerous for patients with weakened immune systems. MRSA infections may lead to pneumonia, bloodstream infections, or sepsis. These conditions may require stronger antibiotics, or ones with potentially serious side effects.
  • Diff (Clostridioides difficile) infections usually occur after prolonged or repeated antibiotic use, which disrupts the normal balance of bacteria in the gut. This condition can cause severe diarrhea, abdominal pain, and inflammation of the colon (colitis). In serious cases, it may lead to life-threatening complications such as toxic megacolon.
  • Surgical Site Infections (SSIs) develop at or near the site of a surgical incision. They may be superficial, affecting only the skin, or deep, reaching tissues, organs, or implanted material. Poor sterilization or inadequate wound care often plays a role in patients developing these infections. Failures in communication between various medical teams may lead to these infections becoming severe. Learn more about SSIs and other post-surgery complications in our Surgical Malpractice Lawsuit article.
  • Catheter-Associated Urinary Tract Infections (CAUTI) occur if a catheter is left in for longer than necessary, or not handled properly. Catheters are often necessary in hospitals, but when left in too long or handled improperly, they increase the risk of urinary tract infections. Symptoms include pain, fever, and in severe cases, kidney damage or bloodstream infection.
  • Central Line-Associated Bloodstream Infections (CLABSI) are caused by bacteria entering the bloodstream through a central line. These infections can spread through the body quickly, making them incredibly dangerous. Infection control protocols exist to reduce the risk of such infections.
  • Ventilator-Associated Pneumonia (VAP) is a condition caused by bacteria entering the lungs via a breathing tube. Ventilator-associated pneumonia can prolong hospital stays and has a mortality rate of between 25% and 50%.
  • Sepsis is not a specific type of infection. Rather, it’s a condition that occurs when the body’s response to an infection triggers widespread inflammation. This can lead to organ failure. Sepsis is a medical emergency that can lead to long-term disability and also has high mortality rates. To learn more about sepsis acquired in a medical setting, visit our Sepsis Lawsuit page.

How Do Hospital Infections Happen?

Most hospital infections are preventable with proper sanitation, monitoring, and communication. Unfortunately, when hospitals cut corners or fail to enforce infection control protocols, patients face unnecessary risks. Common causes of hospital-acquired infections (HAIs) include:

  • Poor hygiene or sterilization practices
    Something as basic as handwashing is one of the most effective ways to stop infections from spreading. When healthcare workers fail to wash their hands between patients or when instruments and surgical tools are not properly sterilized, bacteria and viruses can move quickly from one patient to another. Even improperly cleaned patient rooms or contaminated surfaces can harbor dangerous pathogens.
  • Improper use or cleaning of medical devices
    Many HAIs are tied to devices that remain inside the body, such as urinary catheters, ventilators, or IV lines. If these devices are not disinfected before use—or if they are left in longer than medically necessary—they can provide a direct pathway for bacteria to enter the body. For example, central line infections and catheter-related urinary tract infections are strongly linked to lapses in cleaning or replacement schedules.
  • Staff failing to follow infection control protocols
    Hospitals have detailed procedures designed to protect patients, such as pre-surgery checklists, wound care instructions, and isolation practices for contagious patients. When staff ignore or rush through these steps, patients can pay the price. Something as simple as failing to wear gloves or skipping gown changes between patient rooms can increase infection risk.
  • Overcrowding or staff shortages
    When hospitals are understaffed or overwhelmed, nurses and doctors may not have enough time to provide thorough care. This rushed environment often means missed handwashing, incomplete cleaning, or overlooking early warning signs of infection.
  • Communication failures
    Breakdowns in communication are a hidden but common cause of hospital infections:

    • Missing or incomplete chart notes about a patient’s infection risk.
    • Failure to alert doctors when lab results or vital signs suggest infection.
    • Unclear post-operative instructions that leave patients unaware of red flags.
    • Poor shift-to-shift communication among staff, causing gaps in infection monitoring.
  • In many cases, these communication failures stem from systemic problems—such as hospitals not training staff adequately on infection control protocols or failing to update policies to match best practices.

These lapses may seem small, but they create the perfect conditions for infections to spread and worsen. For patients, the consequences can be life-threatening, often requiring longer hospital stays, additional treatments, or even emergency surgery.

What Florida Laws Determine if You Can File a Hospital Infection Lawsuit?

Florida law imposes strict requirements on anyone seeking to file a hospital-acquired infection lawsuit. These rules are designed to limit frivolous claims, but they also create hurdles for legitimate victims.

Understanding the statutory framework is essential before pursuing legal action. An experienced medical malpractice attorney can help you navigate the legal requirements and give you the best chance of a positive outcome.

Key statutes include:

Breach of the professional standard of care (§ 766.102)

To succeed in a malpractice claim, the plaintiff must show that the hospital or healthcare provider failed to meet the prevailing professional standard of care. This standard is defined as the level of skill, knowledge, and treatment that a reasonably prudent healthcare provider in the same field would provide under similar circumstances.

For infection cases, this often means proving that the facility failed to follow infection control protocols, ignored sterilization requirements, or overlooked signs of a developing infection. Demonstrating this breach is at the heart of any malpractice lawsuit.

Verified medical expert opinion (§ 766.104)

Florida law requires the plaintiff to submit a sworn affidavit from a qualified medical expert before filing a lawsuit. The expert must be a qualified physician working in a similar specialty to the defendant. They must review the records and certify that reasonable grounds exist to believe malpractice occurred.

This affidavit is not optional; without it, the case will be dismissed. The expert opinion provides the court with an objective basis to proceed and strengthens the plaintiff’s credibility.

Pre-suit notice requirement (§ 766.106)

Before filing suit, the plaintiff must serve a 90-day pre-suit notice on the hospital or provider. This notice outlines the claim and gives the healthcare provider’s insurer an opportunity to investigate.

During this period, the provider may choose to settle, deny the claim, or request arbitration. Only after the 90 days expire can the plaintiff file a formal lawsuit in court.

Infection Control Programs Are Mandated By Florida Law

Florida law makes infection prevention a legal obligation, not just a best practice. Hospitals and healthcare facilities are required to maintain comprehensive infection control programs designed to reduce the risk of healthcare-associated infections and limit their severity should they occur. These programs must include:

  • Surveillance systems to track infections, identify outbreaks, and monitor patient safety trends.
  • Reporting requirements to ensure hospital-acquired infection rates and other quality measures are shared with state regulators, patients, and their families.
  • Ongoing staff training in infection prevention techniques, such as hand hygiene, sterilization of equipment, safe use of catheters and central lines, and protocols for isolating contagious patients.

Florida statutes and administrative codes make clear that hospitals are legally responsible for maintaining these safety systems. The law also requires facilities to provide patients and their representatives with information about infection rates and other quality-of-care measures so they can make informed decisions about treatment.

When a hospital fails to meet these standards, they leave themselves open to a medical malpractice claim. Poor staff training or a failure of staff to follow infection control protocols greatly increases the risk of adverse events, especially in busy hospitals. Patients harmed by preventable infections should understand that a violation of these legal duties can be powerful evidence in court.

Learn more with our article on patient rights relating to hospital infections.

How Do You Prove a Hospital Committed Malpractice?

To succeed in a hospital infection lawsuit, plaintiffs must prove:

  • Testimony from Expert Witnesses: Florida law requires testimony from qualified medical experts to prove that the actions of the healthcare provider were not in line with best practices.
  • The Infection Timeline: Infections developing 48+ hours into hospitalization are widely accepted as hospital-acquired. If the infection developed sooner than this, the hospital might argue that the patient was already infected when they arrived at the hospital.
  • Hospital Policies and Protocol Compliance. Lawyers investigate whether hospitals had infection control policies and patient safety manuals, and whether staff followed them.
  • That Medical Documentation Exists to Support the Case: Charts, nurse notes, discharge summaries, and incident reports can provide critical evidence.

Infections After Surgery

Surgical patients face a heightened risk of HAIs. Surgical Site Infections (SSIs) are among the most common HAIs, and are often preventable with proper sterilization and wound care.

  • Examples of malpractice that may lead to infection during or after surgery:
    • Using unsanitized surgical tools.
    • Use of poorly designed ventilation systems during surgery.
    • Poor wound dressing and aftercare.
    • Rushing discharges without infection monitoring.

Post-surgery infections can lead to life-threatening side-effects such as sepsis. Even if the infection is caught before it reaches this stage, it could lead to scarring, slower recovery times, or the need for additional surgeries. Some patients develop chronic pain or other long-term issues as a result of the treatments required to combat the infection.

Hospitals should take steps outlined by patient safety organizations, such as standardized surgical prep, sterile techniques, and thorough post-op monitoring. Failure to do so may support a malpractice claim.

What Compensation Can You Recover in a Hospital-Acquired Infection Lawsuit?

Damages in Florida medical malpractice cases are governed by statute. Victims may recover:

  • Economic damages: including compensation for past medical bills and future medical expenses, as well as lost wages. Florida Statute 766.202 states that plaintiffs can claim for up to 80% of their lost future earnings.
  • Non-economic damages: to account for emotional distress and the impact the injury had on the plaintiff’s quality of life. Florida Statute 766.118 defines non-economic damages as “pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses.” Limitations on non-economic damages are currently set at $500,000 per plaintiff.
  • Punitive damages: in cases of gross misconduct or negligence, additional compensation may be awarded. However, rulings of this kind are rare, requiring extreme failures on the behalf of the defendant and a high burden of proof.

Steps to File an HAI Lawsuit in Florida

Filing a hospital infection claim in Florida is a detailed process with multiple legal and procedural steps. Each stage is critical to building a strong case and meeting the statutory requirements under Florida’s medical malpractice laws.

  • Gather Medical Records and Evidence
    • The first step is to request your complete medical records, including operative reports, lab and culture results, nurse notes, and hospital infection control logs.
    • Note the timeline of the infection, including when symptoms started, when tests were ordered, and what treatment was given.
    • Request copies of any internal hospital communications (emails, progress notes, incident reports). These can reveal whether staff recognized the infection but failed to act.
    • Collect this documentation as soon as possible to ensure that key evidence is not lost, misplaced, or altered over time.
  • Obtain an Expert Affidavit (Corroborating Medical Opinion)
    • Florida law requires plaintiffs to submit a sworn opinion from a qualified medical expert in the same specialty as the defendant provider.
    • The expert must review the medical records and affirm that malpractice likely occurred.
    • This affidavit is not optional. Without it, the case cannot proceed.
  • Serve a Notice of Intent to Sue
    • Before filing a lawsuit, you must send a formal Notice of Intent to each healthcare provider or hospital you plan to sue.
    • This notice informs them of your claim and gives them an opportunity to respond.
    • Once served, a 90-day period begins in which the provider and their insurer can evaluate the claim.
  • Wait for the Pre-Suit Investigation Period to Conclude
    • During the 90 day period, the hospital or insurer may conduct its own investigation.
    • They may offer to settle, deny the claim, or request arbitration.
    • This stage often involves negotiation, but if no resolution is reached, you can proceed to court.
  • File the Complaint in Court
    • If the case is not resolved during pre-suit, your attorney will draft and file a formal complaint with the court.
    • The complaint lays out the facts of your case, the acts of negligence, and the damages you seek.
    • This officially starts the litigation process.
  • Go Through Discovery, Negotiation, or Trial
    • Both sides exchange evidence, depose witnesses, and question experts during the discovery period.
    • Many cases settle before trial, but if negotiations fail, the case proceeds before a judge or jury.
    • Trials can be lengthy, but they provide an opportunity for victims to present their case and seek full compensation.

Law Note: Florida has a 2-year statute of limitations on medical malpractice cases. The timer starts from when the victim knew, or should have known, about the injury or infection. Claims cannot be made more than four years after the incident occurred, with limited exceptions such as in cases of fraud or concealment, or if the victim was a minor when the infection was contracted. Missing these deadlines can bar your claim entirely.

To learn more about the legal process, visit our Medical Malpractice Lawsuits page.

Have a Question?

If you or a loved one suffered a hospital-acquired infection due to possible negligence, contact experienced medical malpractice attorney Alan Sackrin. Call (954) 458-8655 or contact us online.
 
 
 

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