Infection prevention measures may limit liability

Hospitals can be subject to medical liability claims if they fail to take steps to demonstrate that they are striving to minimize the risk of nosocomial infections, legal experts say.

The degree of liability would likely depend on the extent to which a hospital has implemented policies and procedures that fall within the ambit of the current “standard of care” in infection prevention and control, Tanya Goldberg, a partner in the Toronto-based law firm Borden, Ladner and Gervais LLP, told delegates at an Apr. 14–15, 2008 Medical Malpractice and Liability conference.

Goldberg said hospitals have not been successfully sued but it's still important they keep track of their infection policies through time, as liability may be affected by the specific policies that they had in place when a patient acquired an infection because of Clostridium difficile or methicillin-resistant Staphylococcus aureus, she added.

Goldberg added that hospitals must seek to instill a culture of infection prevention and constantly monitor and track their rates of nosocomial infections to develop a knowledge base, verify their progress and identify areas for improvement.

Delegates also discussed issues of liability surrounding collaborative delivery of health care. College of Family Physicians of Canada President Dr. Ruth Wilson told the conference that liability is muddied when care is delivered by a family health team. Some physicians have refused to participate in health teams because they are “wondering if assistance in a malpractice case would be offered to a team member who is not a direct employee of the doctor, and if, conversely, the doctors will be vicariously liable for a team member who is not a direct employee."

Liability experts advised delegates that incorporation of the family health team would ensure coverage.