Hospital Infections in Virginia
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date of the act or omission
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.
Virginia Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act or omission
Damage Cap
$2,550,000 total damages cap (increases by $50,000 each year starting July 1, 2022)
Discovery Rule
Virginia applies a limited discovery rule — in cases involving a foreign object left in the body, the statute begins at discovery. Otherwise, the continuing treatment doctrine may apply.
Pre-Filing Requirements
Plaintiffs must obtain a certification from an expert witness before filing suit. Claims must first be reviewed by a medical malpractice review panel unless waived by the parties.
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
- ✓Virginia's total damages cap increases by $50,000 each year, providing gradual relief for plaintiffs over time.
- ✓Virginia follows a contributory negligence standard — any fault on the plaintiff's part can bar recovery entirely.
- ✓A mandatory medical malpractice review panel reviews claims before suit, unless both parties agree to waive the panel.
- ✓The Birth-Related Neurological Injury Compensation Program provides no-fault compensation for qualifying birth injuries.
- ✓Expert witnesses must demonstrate familiarity with the applicable standard of care through clinical practice or teaching.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Virginia.