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Hospital-acquired infections - when are hospitals legally liable?

Abstract

Hospital-acquired infections (nosocomial infections) are acquired in healthcare settings by patients admitted for reasons unrelated to the infection or not previously infected when admitted to the facility. Liability for hospital-acquired infections depends on whether the hospital: (i) has introduced best practice infection control measures; (ii) has implemented best practice infection control measures; or (iii) will be vicariously liable for negligent or intentional failures by staff to comply with the infection control measures implemented. A hospital and hospital administrators may be held directly liable for not introducing or implementing best practice infection control measures, resulting in harm to patients. The hospital may also be held vicariously liable where patients have been harmed because hospital staff negligently or intentionally failed to comply with the infection control measures that have been implemented by the hospital, during the course and scope of their employment.

Authors+Show Affiliations

Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban. mcquoidm@ukzn.ac.za.

Source

MeSH

Cross Infection
Hospitals
Humans
Infection Control
Liability, Legal
Malpractice

Pub Type(s)

Journal Article

Language

eng

PubMed ID

22668903

Citation

McQuoid-Mason, David. "Hospital-acquired Infections - when Are Hospitals Legally Liable?" South African Medical Journal = Suid-Afrikaanse Tydskrif Vir Geneeskunde, vol. 102, no. 6 Pt 2, 2012, pp. 353-4.
McQuoid-Mason D. Hospital-acquired infections - when are hospitals legally liable? S Afr Med J. 2012;102(6 Pt 2):353-4.
McQuoid-Mason, D. (2012). Hospital-acquired infections - when are hospitals legally liable? South African Medical Journal = Suid-Afrikaanse Tydskrif Vir Geneeskunde, 102(6 Pt 2), pp. 353-4.
McQuoid-Mason D. Hospital-acquired Infections - when Are Hospitals Legally Liable. S Afr Med J. 2012 Apr 12;102(6 Pt 2):353-4. PubMed PMID: 22668903.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Hospital-acquired infections - when are hospitals legally liable? A1 - McQuoid-Mason,David, Y1 - 2012/04/12/ PY - 2012/01/24/received PY - 2012/01/30/accepted PY - 2012/6/7/entrez PY - 2012/6/7/pubmed PY - 2016/4/24/medline SP - 353 EP - 4 JF - South African medical journal = Suid-Afrikaanse tydskrif vir geneeskunde JO - S. Afr. Med. J. VL - 102 IS - 6 Pt 2 N2 - Hospital-acquired infections (nosocomial infections) are acquired in healthcare settings by patients admitted for reasons unrelated to the infection or not previously infected when admitted to the facility. Liability for hospital-acquired infections depends on whether the hospital: (i) has introduced best practice infection control measures; (ii) has implemented best practice infection control measures; or (iii) will be vicariously liable for negligent or intentional failures by staff to comply with the infection control measures implemented. A hospital and hospital administrators may be held directly liable for not introducing or implementing best practice infection control measures, resulting in harm to patients. The hospital may also be held vicariously liable where patients have been harmed because hospital staff negligently or intentionally failed to comply with the infection control measures that have been implemented by the hospital, during the course and scope of their employment. SN - 0256-9574 UR - https://www.unboundmedicine.com/medline/citation/22668903/Hospital_acquired_infections___when_are_hospitals_legally_liable DB - PRIME DP - Unbound Medicine ER -