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Can hospital-acquired infections be a ground for negligence claim?

Can hospital-acquired infections be a ground for negligence claim?

27-Jul-2025

Medical Negligence

Answer By law4u team

Yes, hospital-acquired infections (HAIs) can be a ground for a medical negligence claim under Indian law, if it is proven that the infection occurred due to the hospital’s lack of reasonable care. What are Hospital-Acquired Infections (HAIs)? HAIs are infections that a patient did not have at the time of admission but acquired during hospital stay, such as: Surgical site infections, Urinary tract infections, Ventilator-associated pneumonia, MRSA or sepsis. Legal Basis for Negligence Claim: To claim negligence for an HAI, the patient or their family must prove: 1. Duty of care – The hospital had a legal obligation to maintain hygiene and prevent infection. 2. Breach of duty – There was failure to maintain proper sterilization, hygiene, or infection control. 3. Causation – The infection directly resulted from this breach. 4. Harm – The patient suffered injury, prolonged hospitalization, or death due to the infection. Relevant Indian Case Law: In Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole (1969), and Jacob Mathew v. State of Punjab (2005), the Supreme Court held that a medical professional or hospital is liable for negligence if reasonable care is not taken. The Consumer Protection Act also allows patients to claim compensation for medical negligence. In several National Consumer Disputes Redressal Commission (NCDRC) decisions, hospitals were held liable where post-surgical or ICU infections were caused by lack of sterilization, dirty wards, or untrained staff. Examples Where Hospitals May Be Liable: Not sterilizing surgical instruments properly. Reusing IV sets or catheters without proper care. ICU not cleaned regularly. Ignoring known infection outbreaks in the hospital. No isolation or infection control protocols. --- Hospitals May Defend Themselves If: They prove all necessary precautions were taken. The infection was due to unavoidable medical risks. The patient had pre-existing vulnerabilities or comorbidities. Conclusion: Yes, hospital-acquired infections can be a ground for negligence if they are caused due to lack of proper hygiene, sterilization, or standard protocols. Patients have the right to seek compensation under consumer law or file a civil suit for damages.

Answer By Ayantika Mondal

Dear Client, In agreement, If a patient can demonstrate that the hospital or medical personnel neglected to maintain appropriate hygiene sterilization or standard protocols hospital-acquired infections (HAIs) may give rise to a medical negligence claim. The primary inquiry is whether the hospital met the level of care that a reasonable medical facility would have provided. Indian courts have deemed cases involving unnecessary infections, unsanitary wards or unsafe instrument reuse to be cases of negligence. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Anik

Dear Client, Yes, it is possible and valid for patients in India to file a negligence claim based on the ground of any hospital-acquired infections. However, one important condition to make such a claim is that the patient must be able to prove that the infection caused to him or her was a direct result of a failure on the part of the hospital to maintain reasonable standards of care. The legal basis for such claims is given under tort law, the Consumer Protection Act, 2019, and judicial principles on medical negligence. Here are some specific conditions when a hospital can be liable for an infection – 1. If the hospital is involved in poor sanitation or hygiene practices. 2. If the staff performs procedures on the patients with unsterilized equipment. 3. If the staff is negligent in post-operative care. 4. If the infection-control protocols of the hospital are not proper. 5. If the hospital has a lack of adequate nursing supervision. In order to succeed in a negligence claim against a hospital, the patient must show – 1. That the hospital had a duty of care towards the patient. 2. That the hospital breached that duty. 3. That the infection caused to the patient was a direct result of such breach committed by the hospital. 4. For evidence, the patient could produce medical records, expert opinions, any relevant photos/videos, lab reports, any proof of the hospital’s poor hygiene practices, etc. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.