Hospital Infections in California
Average Settlement: $250,000 - $700,000 | Statute: 1 year from discovery of the injury or 3 years from the date of injury, whichever comes first
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
California Medical Malpractice Laws
Statute of Limitations
1 year from discovery of the injury or 3 years from the date of injury, whichever comes first
Damage Cap
$350,000 non-economic damages (MICRA — increasing annually under AB 35 starting 2023; rises to $750,000 for non-death cases and $1,000,000 for death cases by 2033)
Discovery Rule
California applies a robust discovery rule — the 1-year period begins when the patient discovers, or through reasonable diligence should have discovered, the injury.
Pre-Filing Requirements
Plaintiffs must provide 90 days' notice of intent to sue before filing a medical malpractice lawsuit.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓MICRA (Medical Injury Compensation Reform Act of 1975) was significantly amended by AB 35 in 2022, raising the non-economic damage cap for the first time in nearly 50 years.
- ✓California uses a pure comparative negligence system, allowing plaintiffs to recover damages even if they are primarily at fault.
- ✓Attorney fees in medical malpractice cases are limited by a sliding scale under MICRA.
- ✓Punitive damages are not subject to MICRA's cap and may be awarded upon proof of malice, oppression, or fraud.
- ✓Periodic payment of future damages can be ordered for judgments exceeding $50,000.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in California.