Forum
Hospital-acquired infections - when are hospitals legally liable?
David McQuoid-Mason
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.
Author's affiliations
David McQuoid-Mason, Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban
Keywords
Hospital-acquired infections; Legal liability; Hospital managers; Vicarious liability
Cite this article
South African Medical Journal 2012;102(6):353-354.
Article History
Date submitted: 2012-01-24
Date published: 2012-04-12
Article Views
Abstract views: 3843
Full text views: 17033
Comments on this article
*Read our policy for posting comments
here
Comments on this article
*Read our policy for posting comments here