Hospital-Acquired Infections Preventable, To Prompt 'Next Wave' Of Class-Action Lawsuits, Opinion Piece States

Main Category: Litigation / Medical Malpractice
Also Included In: MRSA / Drug Resistance
Article Date: 15 Aug 2008 - 10:00 PDT

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Hospital-acquired infections until recently were "considered an unavoidable risk," but "now there is proof that nearly all hospital infections are avoidable when doctors and staff clean their hands and rigorously practice proper hygiene and other preventive measures," Betsy McCaughey, chair of the Committee to Reduce Infection Deaths and a former lieutenant governor of New York, writes in a Wall Street Journal opinion piece.

Hospital-acquired infections "caused by all kinds of bacteria sicken millions" of patients and will "cause the next wave of class-action lawsuits, bigger than the litigation over asbestos," according to McCaughey. She writes that "numerous lawsuits have been filed against hospitals in Florida, Kentucky and elsewhere by infected patients." According to McCaughey, although the hospitals "being sued are saying that their infection rates are within national norms," for most infections, the "only acceptable rate is zero."

She adds, "We have the knowledge to prevent infections. What's been lacking is the will." A recent survey conducted by the Leapfrog Group found that 87% of hospitals fail to practice infection prevention measures on a consistent basis, McCaughey writes, adding, "Insurance companies that sell liability coverage to hospitals could change that by offering lower premiums to hospitals that rigorously follow infection-prevention protocols."

She writes, "To be sure, lawsuits are not the best way to improve patient care," adding, "Many verdicts are unjustified, and few truly injured patients find a lawyer to take their case." However, the "coming wave of lawsuits, as well as financial incentives from Medicare and insurers, will fight complacency about hospital hygiene," McCaughey concludes (McCaughey, Wall Street Journal, 8/14).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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