NOSOCOMIAL INFECTIONS AND THE LAW
NOSOCOMIAL INFECTIONS AND THE LAW

Summary/Abstract: Introduction: Nosocomial infections, also known as Healthcare-Associated Infections (HAIs), are patient infections that develop in a hospital or healthcare facility. The law can react to the occurrence of HAIs, primarily from the perspective of attempting to reduce the occurrence of HAIs. Core: In the US, the law deals with HAIs in three distinct ways, 1) Federal and state law requires that health care facilities report the diagnosis of HAIs and their occurrence may result in some withheld facility reimbursements; 2) Individual physicians may be subjected to medical staff governance sanctions or possible loss of employment, if the infection rates observed in their patients exceed certain threshold levels; 3) Healthcare facilities may be found civilly liable for failure to diagnose and treat HAIs, but holding facilities liable for the occurrence of HAIs is extremely difficult because of the need to prove causation and compensable injury.

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