Hospital Infections in Georgia
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date of the negligent act
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.
Georgia Medical Malpractice Laws
Statute of Limitations
2 years from the date of the negligent act
Damage Cap
No cap (caps struck down as unconstitutional in 2010 by the Georgia Supreme Court)
Discovery Rule
Georgia applies a limited discovery rule — the statute may be tolled in cases of foreign objects left in the body, but there is a 5-year statute of repose from the date of the negligent act.
Pre-Filing Requirements
Plaintiffs must file an expert affidavit with the complaint identifying at least one negligent act and the factual basis for each claim.
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
- ✓Georgia's $350,000 non-economic damage cap was struck down in Atlanta Oculoplastic Surgery P.C. v. Nestlehutt (2010).
- ✓An expert affidavit must accompany the complaint — failure to file it can result in dismissal.
- ✓Georgia follows a modified comparative negligence standard with a 50% bar.
- ✓Punitive damages are generally capped at $250,000 unless the defendant acted with intent to harm or was under the influence of drugs or alcohol.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Georgia.