Yes, you may be able to sue a DC hospital if poor infection-control practices caused an infection or staff failed to diagnose or treat it in time. However, some infections develop despite appropriate medical care, so a hospital-acquired infection does not automatically constitute medical malpractice.
To bring a successful claim, you must prove that the hospital or its staff acted negligently and caused you harm. You must also demonstrate that you suffered damages, such as additional medical expenses or lost income. Medical expert testimony is generally required to establish whether the care you received fell below accepted standards.
DC also requires at least 90 days’ notice before filing a medical malpractice lawsuit. Speaking with a lawyer early can help protect your legal options. If you believe you developed a hospital-acquired infection due to negligent medical care, contact the DC medical negligence lawyers at Regan Zambri Long for a free consultation.
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A hospital-acquired infection becomes medical malpractice when negligent care causes the infection or allows it to worsen, resulting in harm to the patient. Some infections are known risks of medical treatment, even when hospital staff follows proper procedures.
The key question is whether the hospital or its staff failed to meet the accepted standard of care. This means providing the level of care another qualified healthcare professional would provide in similar circumstances.
Signing a consent form that lists infection as a possible risk does not automatically prevent a malpractice claim. Patients can still pursue legal action when an infection results from substandard care.
Hospitals must follow established infection-control procedures to protect patients from preventable infections. A failure to follow these procedures can constitute medical malpractice if it causes an infection.
Examples of negligent infection control include:
If these failures cause an infection that harms a patient, there may be grounds for a medical malpractice claim.
A hospital may be liable if staff fail to recognize or treat an infection in time, causing the patient’s condition to worsen.
For example, ignoring signs of infection or delaying necessary tests can allow an infection to progress to sepsis. When sepsis is caused by medical malpractice, patients can suffer life-threatening complications, including organ damage.
Patients harmed by a failure to treat an infection may have grounds for legal action when the delay falls below accepted medical standards.
The most common hospital-acquired infections include pneumonia, surgical site infections and gastrointestinal infections. These infections are also known as nosocomial infections and develop during or after medical treatment. They can range from mild illnesses to life-threatening complications.
These are the most common types of hospital-acquired infections:
The Centers for Disease Control and Prevention (CDC) released its latest survey findings in July 2026. They estimated that 518,000 healthcare-associated infections occurred in US hospitals in 2023. The CDC also found that approximately 1 in 38 hospitalized patients had at least one healthcare-associated infection on any given day.
A hospital, its healthcare staff, or individual physicians may be held responsible when negligent medical care causes a hospital-acquired infection. Who can be sued depends on where the negligence occurred and who was responsible for the patient’s care.
Hospitals have a duty to maintain safe treatment environments and follow appropriate infection-control standards. They may be held liable when poor sterilization practices, inadequate infection-control policies, or understaffing contribute to a patient’s infection.
Hospitals can also be held responsible for negligence by nurses and other employees acting within the scope of their duties. For example, a nurse who fails to follow catheter-care procedures could expose a patient to a preventable infection. The hospital may be liable for the resulting harm.
Individual physicians may also face medical malpractice claims if their negligent actions cause an infection or allow it to worsen. This can include failing to recognize signs of infection after surgery or delaying necessary treatment. Whether the hospital is also liable may depend on the physician’s employment relationship with the facility.
Different rules apply to malpractice claims involving federal facilities, including VA medical centers and Walter Reed National Military Medical Center in Maryland. Claims involving federal healthcare providers generally follow the Federal Tort Claims Act (FTCA) process, including certain military medical malpractice claims.
A successful DC hospital infection claim requires proof of four elements of medical negligence: duty of care, breach of duty, causation, and damages. These elements establish whether the hospital or its staff can be held legally responsible for your injuries.
A duty of care exists when a hospital or healthcare professional accepts responsibility for treating a patient. This means they must provide care that meets accepted medical standards, including appropriate infection prevention and treatment.
A breach occurs when the hospital or its staff fail to meet the required standard of care. Examples include improperly sterilized equipment, inadequate infection-control procedures or failing to monitor a patient for signs of infection.
DC medical malpractice claims generally require testimony from a medical expert to establish the standard of care and whether it was breached.
Causation means proving that the hospital’s negligence caused your infection or allowed it to become more serious. This is often one of the most challenging parts of a hospital-acquired infection claim.
The hospital may argue that an existing health condition caused the infection or that it would have developed even with proper care. You need evidence showing how the hospital’s negligence caused the infection or made it worse.
Medical records can help establish when symptoms first appeared and whether staff followed appropriate infection-control procedures. Expert testimony can explain how the infection developed and whether proper medical care could have prevented it or reduced its severity.
Finally, you must show that the infection caused actual harm or financial losses. Depending on the circumstances, compensation may cover:
If a hospital-acquired infection proves fatal, surviving family members may also have grounds to pursue a wrongful death claim.
Medical records, laboratory results and documentation of your symptoms can help prove a hospital-acquired infection claim. This evidence helps establish when the infection developed, whether hospital staff followed proper procedures and how the infection affected your health.
Important evidence includes:
Your lawyer can also request the hospital’s internal infection-control records to investigate whether staff followed proper procedures.
An independent medical expert can review the evidence to determine whether the care provided fell below accepted medical standards and contributed to the infection.
DC Code § 12-301(8) sets a general three-year statute of limitations for filing medical malpractice lawsuits involving hospital-acquired infections in Washington, DC. Missing this deadline can affect your ability to pursue compensation.
Under DC Code § 16-2802, patients must also give the healthcare provider they intend to sue at least 90 days’ notice before filing. The notice must explain the basis of the claim and the injuries or losses involved. This requirement is separate from the three-year filing deadline.
DC’s Medical Malpractice Proceedings Act requires mediation after a medical malpractice lawsuit is filed. During this process, an independent mediator helps the parties discuss a possible settlement before the case goes to trial.
When a hospital-acquired infection causes a patient’s death, a different deadline applies. DC Code § 16-2702 generally allows two years from the date of death to file a wrongful death lawsuit.
DC also follows contributory negligence, a legal rule that can prevent compensation if a patient is found partly responsible for their injuries.
Exceptions to these rules exist, and the timing of a claim depends on the specific circumstances. Speaking with a lawyer early can help you understand the applicable deadlines and protect your legal options.
If you believe your hospital-acquired infection resulted from negligent medical care, our attorneys at Regan Zambri Long can help you understand your legal options. We can review your medical records, investigate the circumstances surrounding your infection, and determine whether you have grounds for a medical malpractice claim.
Our experienced DC hospital negligence lawyers are committed to helping patients and families seek accountability when substandard medical care causes serious harm.
Contact Regan Zambri Long today or call us on 202-463-3030 for a free consultation. We’ll discuss your situation and explain how we can help.
No, a hospital-acquired infection is only considered medical malpractice when negligent care causes harm to the patient. Some infections develop despite appropriate medical precautions, particularly in patients with weakened immune systems. A medical expert can assess whether the hospital followed accepted infection-control standards and whether any failures contributed to the infection.
If you suspect a hospital-acquired infection, seek medical attention as soon as possible. Tell your healthcare provider about your recent hospitalization and any symptoms you’ve experienced. Keep copies of your medical records, including test results and prescriptions. Documenting your symptoms and treatment can also help if you decide to pursue a medical malpractice claim.
Medical records and laboratory findings can help establish whether an infection developed during your hospital stay. Doctors can compare your condition on admission with the timing of your symptoms and subsequent test results. An independent medical expert can also evaluate the evidence to determine whether the infection was likely acquired in the hospital.
Yes, you may still sue if the infection resulted from negligent medical care, even if you signed a consent form. Acknowledging infection as a possible complication does not excuse a hospital from following appropriate safety procedures. If staff failed to meet accepted medical standards and caused you harm, you may have grounds for a malpractice claim.
Yes, a wrongful death lawsuit may be possible if medical negligence caused an infection or allowed it to progress to fatal sepsis. Eligible family members may be able to pursue compensation for losses resulting from the death. A lawyer can review the medical records and determine whether negligent hospital care contributed to the patient’s death.
Washington, DC generally allows three years to file a medical malpractice lawsuit involving a hospital-acquired infection. Patients must also provide at least 90 days’ notice before filing a medical malpractice claim. Exceptions and other legal requirements can affect the timeline, so talk to a lawyer early about the deadlines in your case.
At Regan Zambri Long, we offer free consultations for patients considering a hospital-acquired infection lawsuit. We handle medical malpractice cases on a contingency fee basis, meaning our attorney fees depend on obtaining compensation through a settlement or verdict. We’ll explain our fee arrangements during your consultation so you understand how the process works before deciding whether to proceed.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.