Menu Contact
The Lawrence Firm, PSC ATTORNEYS AT LAW
  • Toll Free 800-698-4054
  • KENTUCKY OFFICE 859-578-9130
  • OHIO 513-651-4130
RELATED TOPICS

Fungal infections: Hospital malpractice or general negligence?

By now, most Kentucky residents have probably heard about the children who died at an out-of-state children's hospital because of fungal infections caused by the linens used at the hospital. Three of the five families who lost children because of the fungal infections have filed lawsuits against the children's hospital. The case brings an important question to light. That question pertains to who is responsible for the contaminated linens.

The lawsuit names the hospital, the linen supplier and the administrative contractor as the defendants in the lawsuit. No doctors or nurses are named in the lawsuit. That is where the issue comes in.

If the deaths were caused by general negligence and not medical malpractice, that state's $500,000 cap on each lawsuit is avoided. In the case of general negligence, the families have one year from the injury or from learning about the injury to file, whereas there is a three-year limit from the incident if it was hospital malpractice.

The deaths occurred because of an outbreak of mucormyocosis that occurred in 2008 and 2009. The children's hospital is arguing that the lawsuits should be filed under medical malpractice laws because providing a sterile environment is one of the duties hospitals have within the scope of patient care. Judges in two cases have sided with the families of the deceased children by denying the hospital's motion to dismiss the cases on the grounds that these are medical malpractice claims that should go before the state medical review panel before heading to court.

These cases go to show how important it is for anyone who has been subjected to injury or harm while receiving medical care to know about laws that might apply to the case. Understanding applicable laws might help them to make a decision about to proceed with claims for compensation.

Source: Nola.com, "Lawsuits over Children's Hospital fungal outbreak bring up debate over medical malpractice" Katherine Sayre, Apr. 25, 2014

No Comments

Leave a comment
Comment Information

Contact Our Team For A Free Consultation

Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Covington Office
606 Philadelphia Street
Covington, KY 41011

Toll Free: 800-698-4054
Phone: 859-578-9130
Fax: 859-578-1032
Map & Directions

Cincinnati Office
8044 Montgomery Road
Suite 700
Cincinnati, OH 45236

Toll Free: 800-698-4054
Phone: 513-651-4130
Fax: 859-578-1032
Map & Directions

Review Us