Maryland Hospital Infection Lawsuits

Infections have been a problem in hospitals since the first hospital opened in the Middle Ages. Today, medical mistake claims often arise not directly from a patient’s medical treatment, but because an infection developed during treatment or from another cause.

The severity of the infection problem is stunning. The CDC reports that on any given day, about 1 in 38 hospital patients has at least one healthcare-associated infection. The good news is that the number is moving in the right direction. It was about 1 in 31 hospital patients 11 years ago in 2015.

Of course, hospital infections are just part of the problem. This country has about 1.7 million cases of sepsis in adults every year. At least 350,000 of those adults die during hospitalization or are discharged to hospice. These numbers just roll off. But stop and think about it for a second. They are mind-boggling.

Who is most at risk? The elderly, small children, and people with compromised immune systems are at the most significant risk of severe injury or death.

Some hospital infections are not the result of negligence. But too many healthcare-associated infections are preventable. Our hospital infection attorneys in Maryland handle these cases when medical malpractice causes the infection or, as is more common, fails to prevent the infection from growing.

There has been real progress. CDC data comparing 2024 with 2023 found a 9% decrease in central line-associated bloodstream infections, a 10% decrease in catheter-associated urinary tract infections, a 7% decrease in hospital-onset MRSA bacteremia, and an 11% decrease in hospital-onset C. difficile infections. Surgical-site infections following colon surgery fell by 4%. So hospitals can move these numbers when they get infection control right.

Our law firm handles infection lawsuits when they do not get it right.  If you were injured by an infection caused by medical or hospital malpractice or negligence, call us at 800-553-8082 or request a free consultation.

What Happens to the Body During an Infection?

When the body gets an infection, it does what the body does well: it fights. Chemicals are released to ward off the infection. The problem is that in sepsis, the body’s response to the infection can become dysregulated, causing widespread inflammation, abnormal clotting, impaired circulation, and damage to vital organs.

The infection can then lead to septic shock. As sepsis worsens and develops into septic shock, blood pressure significantly decreases, which often leads to respiratory, heart, kidney, and other organ failures that can lead to death. A corollary risk is gangrene, which can lead to amputation of the arms, fingers, legs, feet, and other appendages.

Early diagnosis and treatment are the keys to surviving a severe infection and stopping the disease before it can cause this kind of damage.

What Types of Infection Cases Lead to Lawsuits?

Hospitals and other healthcare providers can negligently cause infections. This is not plaintiffs’ attorneys’ propaganda. It is demonstrably true that hospitals have widely varying rates of infection and that good infection-control practices reduce those rates.

Why? Because some hospitals have fail-safe procedures that lead to a very low infection rate, and others do not. The infections can be caused by negligence, often from the failure to follow proper sterilization procedures, such as improper handwashing, an unclean hospital, or improper sterilization for patients who receive catheters or are put on ventilators.

Still, “the hospital infected me” cases are a small minority of successful infection lawsuits our hospital infection lawyers in Maryland see. Why? Because plaintiffs must prove how the infection occurred and whether it could have been prevented. That is incredibly hard.

The most commonly successful lawsuit involving infections our hospital infection malpractice lawyers see is the failure to diagnose promptly and treat the infection, not the fact that the patient was infected in the first place.  One patient developing an infection after surgery does not necessarily tell you how the infection happened. But if the patient comes back with fever, increasing pain, abnormal vital signs, drainage from the wound, or other evidence of infection and the medical providers fail to act, that is a different kind of case.

Indeed, there are a lot of medical malpractice cases involving the infection of newborns. This is because so much is at stake in life’s early minutes, hours, and days. Injuries we adults can shake off can cause lifelong injuries or death to infants. If the infection in an infant is not correctly diagnosed and treated, bacteria can attack the body and cause a host of problems. The most significant risk involves ailments that lead to a lack of blood and oxygen.

These infections can begin even before the child is born. Neonatal sepsis can be associated with prolonged rupture of membranes, maternal infection, Group B streptococcus infection, premature birth, and a whole host of other things. For Group B strep purposes, rupture of membranes for 18 hours or longer at term is an important risk factor when the mother’s GBS status is unknown.

You can find important clues with blood cultures, C-reactive protein, complete blood count (CBC), and other testing. A CBC or CRP does not diagnose sepsis by itself. The bottom line is that infants, particularly premature babies, are susceptible to sepsis and other infections. So immediate diagnosis and treatment are critical.

Where Hospital Infection Mistakes Happen

Most hospital infection lawsuits in Maryland are not based on causing the infections but on the failure to treat the problem correctly. Infections and fevers of unknown origin are common emergency room diagnostic problems. The following are common infection cases that are misdiagnosed in the ER that lead to medical negligence suits:

• Meningitis
• C Difficile
• Epiglottitis
• Serratia Marcescens

Hospital Infection Settlements and Verdicts

• 2026, Maryland: $1.975 Million Verdict: A Baltimore County jury awarded $1.975 million to a man who developed septic shock and suffered strokes after a persistent infection involving a prosthetic hip. The plaintiff alleged that his orthopedic surgeon continued performing washout procedures even after the infection failed to resolve and an infectious disease consultant recommended removing the prosthetic hip and placing antibiotic spacers. The jury found that the surgeon breached the standard of care. Maryland’s cap reduced the $1 million noneconomic damages award to $860,000, bringing the final judgment to approximately $1.835 million.
• 2025, Maryland: $35 Million Verdict: A Prince George’s County jury awarded more than $35 million to a woman who developed a severe infection after cosmetic surgery. The plaintiff alleged that a physician’s assistant failed to recognize the infection during two postoperative visits even after she reported feeling feverish. The infection progressed to septic shock and necrotizing fasciitis. She required extensive debridement surgery, skin grafts, and more than three months of hospitalization. The jury awarded $30 million in noneconomic damages and more than $5 million in economic damages. Maryland’s statutory cap substantially reduced the noneconomic portion of the award.
• 2020, Pennsylvania: $1 Million Settlement: A 73-year-old man’s prosthetic knee joint became infected. He presented to the hospital. The man died from septic shock 10 hours later. His family alleged that the hospital staff’s negligence caused his death. They claimed they failed to timely diagnose an infection, administer antibiotics, perform a joint aspiration, and diagnose sepsis. This case settled for $1 million.
• 2019, Florida: $15 Million Verdict: A 44-year-old woman suffered an asthma attack. She was admitted to Hialeah Hospital. The woman was transferred to the ICU the following day. Her nasal swab tested negative for an infection. The woman was transferred to another part of the hospital. She received nebulizers and steroids. One week later, the woman suffered chest pain, left flank pain, shortness of breath, and abnormal vital signs. An inexperienced house physician suspected a heart attack. He ordered diagnostic tests and an ICU transfer. The woman experienced another respiratory episode hours later. She underwent ventilation. The woman died from MRSA pneumonia two days later. The woman’s family alleged that the house physician’s failure to timely diagnose MRSA caused her death. A jury awarded them $15 million.
• 2018, Ohio: $24.7 Million Verdict: A boy suffered an ear infection. He was brought to the emergency room. The boy suffered mastoiditis, meningitis, and cerebral edema. He developed permanent hearing loss, muscle atrophy, cognitive impairments, and incontinence. The boy required lifelong care. His family hired a hospital infection attorney who filed a lawsuit alleging the hospital staff’s failure to timely diagnose and treat his ear infection caused permanent injuries. The defense denied the allegation. A jury awarded the family $24.7 million.
• 2017, Oregon: $1.5 Million Verdict: An 18-year-old member of the University of Oregon’s acrobatics and tumbling team suffered cold-like symptoms. She experienced a fever, shaking, chills, and lower back spasms. At the time, UO’s campus experienced a meningococcal disease outbreak. The woman presented to Sacred Heart Medical Center’s emergency room. She had a negative flu test. The woman was diagnosed with a flu-like illness. She received acetaminophen and ibuprofen. The woman was discharged to her dorm. She died from meningitis later that day. The woman’s mother alleged that the Sacred Heart Medical Center staff’s failure to timely diagnose and treat meningococcal disease caused her death. A jury awarded her $1.5 million.
• 2016, Oklahoma: $858,349 Verdict: A 63-year-old woman suffered from a urinary tract infection. She tested positive for E. coli. The woman was prescribed antibiotics. Her condition failed to resolve. The woman was admitted to a federally funded hospital. She underwent an abdominal CT scan. It revealed abnormal results. However, the hospital staff discharged her without performing additional tests. The woman was readmitted two days later. She suffered diarrhea, severe abdominal pain, nausea, and vomiting. The woman was transferred to a public hospital. An examination revealed an infected colon. The woman underwent a colostomy. Her condition worsened. She died from respiratory failure less than a week later. The woman’s family alleged that the federal hospital’s negligence caused her death. They claimed they failed to diagnose C. diff, timely consult a surgeon, order additional testing, and timely transfer her to the public hospital. The federal government disputed the claims. It argued that the hospital staff provided appropriate care. The federal jury ruled in the family’s favor. They awarded $858,349.
• 2014, Wisconsin: $25.3 Million Verdict: A 53-year-old mother of four children lost all of her limbs because a Strep A infection was misdiagnosed. The infection led to septic shock. Damage caused by the infection led to the amputations. The woman was hospitalized for nine hours with severe abdominal pain and fever but was discharged and told to call her gynecologist because they suspected a problem with her fibroid. The jury awarded $25.3 million, including $15 million in pain and suffering.
• 2013, Maryland: $1,341,000 Verdict: A 77-year-old woman was transported to Frederick Memorial Hospital after she injured her back in a fall. A CT scan was ordered, and the radiologist determined findings of a fracture of at least one vertebra. During her hospitalization, she began to experience a loss of all feeling in her lower extremities. She was transferred to the University of Maryland Medical Center for spinal fusion surgery. She developed a staph infection at the surgical site and died three months later from complications. Her daughter sued the treating physician and radiologist at Frederick Memorial Hospital for medical malpractice. The plaintiff alleged the radiologist failed to report the findings and did not recommend that the decedent remain immobilized during her hospitalization. The radiologist claimed that the results had been reported to the decedent. A defendant physician claimed that, regardless of the decedent not being immobilized, the surgery would have happened and that a postoperative infection could result from any surgery. A Frederick County jury found the defendant radiologist 100% responsible and awarded the plaintiff $1,341,000 in damages.
• 2013, California: $543,034 Verdict: A 64-year-old baker underwent a right knee arthroscopy at Coastal Surgical Institute. Three days later, he returned with complaints of fever and severe pain. Shortly after that, he went to the emergency room at Sierra Vista Regional Medical Center, where he underwent additional surgery and antibiotic treatment for a Pseudomonas aeruginosa bacterial infection. He eventually required a total knee replacement, and one year later, the hardware in the knee had to be replaced. Regrettably, he can no longer walk long distances unassisted. He filed a medical malpractice lawsuit against Coastal Surgical, claiming the defendant used unclean surgical instruments. Plaintiff claimed that he contracted an infection from an improperly sterilized arthroscope and, this is key, that three other patients who received treatment during the same time frame contracted the same infection. Defendant denied liability, alleging that the contamination must have been from the sponges used to clean the surgical instruments. A San Luis jury found the defendant negligent and awarded the plaintiff $543,034 in damages.
• 2013, Maryland: $9,500,000 Verdict: Parents of a 2-week-old daughter were concerned after noticing she had missed several feedings and appeared short of breath. They brought her to the emergency room at Laurel Regional Hospital, where blood tests were conducted, and an on-call pediatrician was consulted. Before obtaining the blood test results, the infant was discharged, and the parents were advised to follow up with their pediatrician. Over 24 hours had passed before the parents were notified that the test results showed Group B streptococcus. Treatment began immediately, but unfortunately, the infant developed meningitis. She suffered irreparable brain damage resulting in cerebral palsy. Her parents sued the employer of the emergency room doctor, Maryland Provo-I Medical Services, and a hospital employee for medical malpractice. The plaintiffs claimed that the defendant failed to timely inform the infant’s parents of their child’s diagnosis and failed to timely treat and diagnose the infection. Defendants denied liability, claiming that all care was reasonable and appropriately executed. The arguments were presented to a Prince George’s County jury, which found for the plaintiff for $9,500,000. The award was reduced to $7,150,000 due to Maryland’s cap of $650,000 for non-economic damages.

These are sample settlements and verdicts that were favorable to plaintiffs. These are the winners. We stepped over some defense verdicts in putting this list together.

These verdicts should be a tool for understanding the value of these cases. But you cannot use these results to predict any individual case’s settlement or trial value. It would be easier if we could just grab a prior result and say the case is a sure winner and worth X. But the real world is much more complicated.

Staph Infections

Many staph infections can also occur outside of a hospital setting. The challenge for doctors is to differentiate between MRSA and a more common staph infection because physical examination alone cannot detect MRSA.

MRSA is a type of Staphylococcus aureus that is resistant to certain antibiotics. Cultures and susceptibility testing can help identify the organism and determine which antibiotics are likely to work.

Staph infections can cause skin and wound infections, pneumonia, bone infections, prosthetic joint infections, bloodstream infections, and sepsis. Again, the malpractice claim is often less about why the patient developed the infection and more about whether the doctors recognized what was happening and treated it appropriately.

How Much Is a Hospital Infection Malpractice Case Worth?

There is no meaningful average settlement amount for a hospital infection lawsuit. The verdicts above tell you why.

A patient who needs additional antibiotics after an infection is very different from a patient who goes into septic shock, suffers brain damage, loses a limb, or dies. The severity of the injury is always one of the biggest drivers of settlement value.

The strength of the negligence and causation evidence also matters. A hospital-acquired infection case where nobody can determine where the bacteria came from is harder than a case where several patients treated with the same equipment develop the same unusual infection. A delayed diagnosis case is stronger when the medical records show obvious infection and sepsis warning signs for hours before anyone responds.

That does not mean the biggest injury automatically produces the biggest settlement. You still have to prove that better medical care probably would have changed the outcome.

Hiring a Lawyer for Your Maryland Infection Claim

We handle hospital malpractice cases, including those involving infections. If you have been injured due to medical or hospital malpractice or negligence, call us at 800-553-8082 or get a free consultation.

Other Hospital Infection Resources for Malpractice Lawyers and Victims

• CDC healthcare-associated infection information showing the scope of the problem and current infection data
• Osteomyelitis: dangerous bone infections
• Learn more about sepsis misdiagnosis lawsuits
• Take a look at a sample sepsis wrongful death lawsuit filed in Rockville, Maryland
• An amputation case following a MRSA infection in U.S. District Court

General Medical Malpractice Information

• Hospital Negligence: how these cases are fought and a look at Maryland hospitals
• Baltimore Medical Malpractice Lawyers: consider our law firm if you have a claim
• Emergency Room Negligence: a common malpractice arena
• Frequently Asked Malpractice Questions
• ERCP Bowel Perforation Lawsuit Against Hopkins