Hospital Infections in Tennessee

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.

Tennessee Medical Malpractice Laws

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
• ✓Tennessee has a short 1-year statute of limitations but offers a 3-year statute of repose from the date of the negligent act.
• ✓Pre-suit notice of 60 days must be given to the healthcare provider before filing the complaint.
• ✓A certificate of good faith with a supporting written expert opinion must be filed with the complaint.
• ✓Tennessee follows a modified comparative fault system with a 50% bar.
• ✓The non-economic damages cap has a higher tier of $1,000,000 for catastrophic injuries.