When Hospital Infections Become Oregon Malpractice

A hospital stay is supposed to make you better. Sometimes a patient picks up a new infection during care instead. These are called healthcare-associated infections, or HAIs. They are infections that a patient did not have when they were admitted, but that develop during treatment.¹ Common examples include MRSA (a drug-resistant staph infection) and Clostridioides difficile, often shortened to C. diff.

Not every hospital infection is malpractice. This article explains what HAIs are, when an infection may reflect a breach of the standard of care under Oregon law, and how such a case would be evaluated. It does not decide whether any one patient has a claim.

What healthcare-associated infections are

HAIs cover several types of infection tied to hospital care.¹ The most common include central line-associated bloodstream infections (CLABSI), catheter-associated urinary tract infections (CAUTI), surgical site infections at an incision, and C. diff infections of the gut. C. diff is one of the leading germs behind these infections.¹

Many of these germs spread the same way: on unclean hands, on reused or poorly cleaned equipment, or through invasive devices like catheters and ventilators. Hand hygiene is widely described as the single most important practice for preventing the spread of infection in healthcare settings, yet contaminated hands remain a primary source of transmission and staff adherence is often low.² Isolation precautions, sterile technique, and careful catheter care work the same way. When these steps are followed, a large share of infections can be avoided. Evidence-based infection control could prevent up to 70% of HAIs.²

A known risk versus a breach of care

This is the heart of most infection cases. Infection is a recognized risk of many procedures. Even with excellent care, some patients still get an HAI. The fact that an infection happened does not, by itself, mean anyone was negligent.

The question Oregon law asks is different. It is not whether an infection occurred, but whether the care that led to it fell below what a reasonable provider would have done. Surgical site infections are a useful example. At least 5% of surgical patients develop one, and most surgical site infections are considered preventable through proper protocols like skin preparation, sterile technique, and timely antibiotics.³ A missed or ignored protocol is very different from an infection that arose despite proper care.

Factors a lawyer and a medical expert would look at include whether staff followed hand-hygiene and isolation rules, whether a central line or urinary catheter was placed and removed properly, whether the surgical field was kept sterile, and whether early signs of infection were recognized and treated. A breakdown in these basics is what separates a possible claim from a known complication.

The Oregon standard of care

Medical malpractice in Oregon turns on the standard of care. By statute, a physician licensed in Oregon must "use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances."⁴ Nurses, hospitals, and other providers are held to a similar professional standard.

To build an infection case, a patient generally must show four things: the provider owed a duty, the provider breached the standard of care, that breach caused the infection or made it worse, and the patient suffered harm as a result. A medical expert almost always reviews the records to explain what a careful provider would have done and where the care fell short.

Causation is often the hardest part. Because infection can happen even with good care, the patient must connect the specific failure — for example, a skipped isolation protocol or a catheter left in far too long — to the infection that resulted. This is why detailed records and expert review matter so much.

The deadline to file

Oregon sets firm time limits for medical malpractice claims. A claim generally must be filed within two years from the date the injury is first discovered, meaning when the patient knew or reasonably should have known of the injury and its likely cause.⁵ There is also an outer limit: most claims must be filed within five years of the treatment or omission, no matter when the injury is discovered, unless fraud or concealment is involved.⁵ These deadlines can be complex, especially when an infection is diagnosed weeks or months after discharge.

Public hospitals and the tort claims notice

One rule can catch families off guard. If the hospital is a public body — for example, a county health district hospital or a state-affiliated facility — the claim falls under the Oregon Tort Claims Act. That law requires a formal notice of claim, and for personal-injury claims that notice must generally be given within 180 days after the injury.⁶ This 180-day notice is separate from, and much shorter than, the two-year filing deadline. Missing it can bar an otherwise valid claim, so identifying whether a hospital is public is an early and important step.

Where this leaves you

Hospital-acquired infections sit on a spectrum. Some are an unavoidable risk of necessary care. Others trace back to a preventable failure — an unwashed hand, an ignored isolation order, a catheter left in too long. Oregon law does not treat every infection as malpractice, but it does hold providers to a real standard of care. If you are trying to understand which side of that line your situation falls on, an Oregon attorney can review the records with a medical expert and explain your options.

This article is educational

This article describes Oregon law in general terms. It is not legal advice and does not create an attorney-client relationship.

Time limits matter. Most Oregon personal-injury and auto-accident claims must be filed within two years of the injury or accident. Medical malpractice claims must be filed within two years of when you knew or reasonably should have known of the negligence, with an outer limit of five years from the act itself (with a fraud exception). Wrongful death claims must be filed within three years of the date of death. Claims against public bodies (cities, counties, state agencies, public hospitals) require a notice of claim within 180 days. Missing these deadlines typically ends a case.

If you think you may have a claim, call Huegli Law at 971-317-6436 for a free case review. Todd Huegli is licensed in Oregon and consults on cases in Oregon only.

Footnotes

1. Healthcare-Associated Infections. StatPearls, National Center for Biotechnology Information. https://www.ncbi.nlm.nih.gov/books/NBK441857/ ↩ ↩² ↩³

2. Hand Hygiene in Clinical Practice. StatPearls, National Center for Biotechnology Information. https://www.ncbi.nlm.nih.gov/books/NBK470254/ ↩ ↩²

3. Surgical Site Infections: Prevention and Treatment. National Institute for Health and Care Excellence, NCBI Bookshelf. https://www.ncbi.nlm.nih.gov/books/NBK542473/ ↩

4. ORS 677.095 — Duty of physician licensee. Oregon Revised Statutes (oregon.public.law). https://oregon.public.law/statutes/ors_677.095 ↩

5. ORS 12.110 — Actions for certain injuries to person not arising on contract. Oregon Revised Statutes (oregon.public.law). https://oregon.public.law/statutes/ors_12.110 ↩ ↩²

6. ORS 30.275 — Notice of claim. Oregon Revised Statutes (oregon.public.law). https://oregon.public.law/statutes/ors_30.275 ↩