Skip to content
Malpractice Center

Hospital-Acquired Infection Lawyers in the United States (2026)

Find out whether a hospital-acquired infection could support a malpractice claim. Before asking for a review in your state, learn which records to gather.

Sources checked

5 lawyers and firms

Free case review
A brother and sister looking at a laptop together at the dining table

The short answer

Of the 73 firms that show hospital negligence work on our 56 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.

Best Hospital Acquired Infections Lawyers in the United States

  1. Feature your firm first on this page

    This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.

    See what's included
  2. Schochor, Staton, Goldberg, and Cardea, P.A. logo1

    Schochor, Staton, Goldberg, and Cardea, P.A.

    4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews

    Best for: Birth injury and hospital negligence

    In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.

    On our lists for Washington and Baltimore.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  3. Hastings Law Firm logo2

    Hastings Law Firm

    4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews

    Best for: Misdiagnosis and surgical injury claims

    Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.

    On our lists for Houston, Phoenix, Dallas and Austin.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  4. The Law Offices of Dr. Michael M. Wilson MD, JD & Associates logo3

    The Law Offices of Dr. Michael M. Wilson MD, JD & Associates

    5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews

    Best for: Delayed diagnosis and anesthesia injuries

    An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.

    On our list for Washington.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  5. Van Eman Law, LLC logo4

    Van Eman Law, LLC

    4.823 Google reviewsRated 4.8 out of 5 on Google from 23 reviews

    Best for: Hospital diagnosis and monitoring claims

    When a hospital failed to diagnose and treat diabetic ketoacidosis in the emergency room, Van Eman Law, LLC reports a $4.4 million result.

    On our list for Columbus.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  6. Percy Martinez logo5

    Percy Martinez

    5.0112 Google reviewsRated 5.0 out of 5 on Google from 112 reviews

    Best for: Surgical and anesthesia negligence claims

    In Percy Martinez’s published $8.4 million settlement, a photograph showing a wrong-site marking helped establish what had happened.

    On our lists for Miami and Tampa.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

Hospital acquired infections lawyers by state

The rules change from one state to the next, so the lawyers near you are the ones to call.

About hospital acquired infections claims

On this page(9)

If negligent care caused a hospital-acquired infection or let it worsen, you may have grounds for a malpractice claim. Having an infection doesn't, by itself, establish negligence. Before examining how a failure harmed you, a review needs to identify what the hospital should have done and where its care fell short.

Put your medical care first. If an infection or treatment delay worries you, don't wait for a legal review; contact the team treating you. Gather the hospital records when you're ready to ask about a possible claim, then speak with a lawyer in your state.

What is a hospital-acquired infection?

If you acquire an infection during hospital care, it's hospital-acquired. Along with MRSA and C. diff, claims in this practice area involve surgical site infections (infections at the site of an operation).

If poor hygiene allowed an infection to develop, that failure can support an infection claim. Once the infection developed, a delay in treatment may also matter. Although your records may need to address both, they're separate questions.

When medical negligence causes an infection, Graves McLain's hospital infection liability page describes how the hospital may be responsible. By saying a patient may have a right to pursue a claim, it stays conditional. Having an infection doesn't always make the hospital legally responsible.

How an infection concern becomes a care concern

Don't mix what you suspect with what you observed. What specific hygiene problem did you see? Write down when you reported the problem if delayed treatment concerns you, and include what happened afterward.

Parent’s hand resting on a hospital crib rail beside a folded blanket and sanitizer dispenser

Keep those original messages. If your message to the hospital is dated, it can help explain what concerned you without piecing the conversation together from memory.

You can't tell where an infection came from by timing alone. Which infection did your treating team diagnose, and when did they first suspect it? To help focus a later review of the care, also ask what information the team used to support the diagnosis.

Warning signs and questions for the treating team

Don't use this page as a symptom checklist or to diagnose an infection yourself at home. If a change worries you, tell your treating team about it and ask whether you need assessment. While you're deciding whether someone was negligent, don't put that conversation off.

  • Which infection name appears in your chart? Ask the team for that name and an explanation you can understand.
  • Ask who is responsible for following up if a concern you've reported still hasn't been answered.
  • When you ask about the treatment plan, find out whom to contact with concerns after discharge.
  • If you want a lawyer to examine an unanswered request or delay, make a dated note.

Although these questions can help you communicate, they don't prove malpractice. When reviewing your case, the lawyer will need to distinguish a documented lapse in care from a concern that the medical record explains another way.

Questions about your own case?

What makes it malpractice rather than a bad outcome?

The standard of care needs a lawyer's review. To address causation and harm, the review must ask what care the circumstances required and whether a departure caused injury, then examine what injury resulted.

The standard of care

Which care decision or omission does the lawyer need to review? Unless you identify a specific hygiene failure connected to your treatment, saying the hospital was unclean isn't enough. Treatment may have felt slow, but that feeling alone doesn't tell you what response was required at the time.

Don't overlook the hospital chart. Although your recollection can point to events that need investigation, the records can help show what staff documented and when they put it in writing.

Causation

To connect the injury to the care failure, examine causation. While a prevention claim asks whether the alleged failure caused the infection, a delayed-treatment claim asks something different. Was there additional harm because treatment for the infection waited?

Because those questions differ, the review's focus may shift. Although you may want to know where the infection began, the stronger question to investigate may be what happened after staff learned about it. Before assuming either answer, wait until someone has examined the records.

Harm

Bring records of additional care and expenses you want reviewed, and explain what changed for you after the infection. Did you miss work or need help at home? Include that in your records. Still, don't treat every consequence as something that will qualify for compensation.

Don't take this general information as legal advice. To learn how these questions apply to what happened to you, speak with a lawyer in your state.

Be careful with infection statistics

Americans described as picking up hospital infections in Smith Law Center's search summary; the summary does not state a time period.
About 14,000
Source

Although Smith Law Center's hospital infections summary gives that figure, there's too little context to calculate an infection rate. It's not a daily or annual count to rely on. You also can't tell from it how many of those infections involved negligent care.

Hand with pen above a blank notebook and folder in a quiet hospital corridor

You can't establish your claim with a national number. For useful evidence closer to home, examine the care you received and how the hospital responded when you had an infection.

What to do next

Prepare for a hospital infection case review
  1. Address current medical concerns

    If your concerns remain unresolved, contact your treating team for a clear explanation of the diagnosis and treatment plan. Don't let the legal review drive your decisions about getting medical care.

  2. Request the hospital records

    When requesting the chart for your hospital stay and infection treatment, ask for the discharge instructions. Are there test reports related to the infection? Request those, too. Even if entries are hard to understand, keep the files just as you receive them.

  3. Write a short timeline

    Start with your admission and discharge dates, and write down when you first raised the infection concern. When was treatment discussed, or when did it start? Mark a date as approximate if you aren't sure, rather than trying to guess it.

  4. Preserve supporting documents

    Along with your messages with the hospital, save bills for care you believe is related to the infection. Because a reviewer needs to distinguish your account from what the hospital documented, keep your own notes separate from the medical records.

  5. Ask for a state-specific legal review

    What hygiene failure or treatment delay do you suspect? Describe it. When speaking with the lawyer, ask what other records they need and whether a filing deadline is approaching. Before asking for that review, you don't have to settle the medical questions on your own.

How to describe the case without overstating it

Use the diagnosis wording from your chart if you have it. Otherwise, say you aren't sure. If you don't recognize a medical term, don't replace it with a name you found online.

Be just as careful when describing the suspected error. A reviewer has something to investigate when you say, “I reported my concern that afternoon and didn't receive a response”. Unless you identify the care decision or omission you're questioning, calling the whole hospital stay negligent doesn't explain it.

Be clear about which events you saw yourself when helping a family member, and which they only described to you later. Your notes should keep those accounts separate. Even without knowing everything that happened, you can still give a useful account.

Deadlines differ by state

Your state determines the medical malpractice filing deadline. Don't assume another patient's deadline applies to you; the clock doesn't necessarily begin when you first suspected that the care was negligent.

After finding information for your state through the state pages, ask a lawyer there how the rules apply to you. Give them your hospital dates. When did you learn about the infection, or begin to suspect a care failure?

Hospital & Nursing Negligence addresses broader concerns you may have about hospital care. For allegations that staff didn't recognize an infection, see Misdiagnosis & Delayed Diagnosis if that's your main concern.

If you have questions about how staff handled test results, the Laboratory Errors page may help you frame them. Choose a description based on the event you want reviewed. Before speaking with a lawyer, you don't need to have settled on a final legal theory.

How a malpractice claim usually moves
  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.File before the deadline

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Questions about your own case?

Common questions

What is the most common cause of hospital-acquired infections?
You won't find a most common cause established by Graves McLain and Smith Law Center. Although poor hygiene is one concern in hospital infection claims, it doesn't explain what caused any particular patient's infection. What does your treating team know about your infection? Because the hospital stay alone doesn't prove how the infection happened, describe the specific hygiene failure you suspect when you ask for a legal review.
Can I sue the hospital for a staph infection?
Having a staph infection doesn't, by itself, establish malpractice. When medical negligence causes an infection, Graves McLain's hospital infection liability page describes how the hospital may be responsible. To examine how the alleged care failure connects to your injury, you'll need a lawyer's review. Rather than relying only on the name you remember, bring the diagnosis as it's written in your chart. How do your state's rules apply? Ask the lawyer.
Can a doctor be sued for delaying treatment?
If treatment was delayed, you have a reason to request a review. By itself, though, that doesn't mean malpractice has been established. Before examining whether waiting caused additional harm, the review should determine what response was required at the time. Keep messages about treatment, and record when you raised your concern. After assessing those records, a lawyer in your state can explain whether you may have a possible claim against a doctor or hospital.
What are the odds of winning a lawsuit against a hospital?
You won't get reliable odds of winning a hospital infection lawsuit from Graves McLain and Smith Law Center. Whether your care was negligent, or whether that negligence caused harm, isn't something a broad success rate can tell you. Which evidence supports your case, and which medical questions are still unanswered? Ask a lawyer. Include the deadline in your questions. Don't take a firm's discussion of possible hospital liability as a prediction of your outcome.
What kinds of medical negligence can lead to a hospital infection claim?
If you suspect poor hygiene or delayed infection treatment, those concerns can lead to a review. What happened determines whether either of those amounts to negligence. Before connecting a failure to harm, the review should identify the care required and examine where the care you received may have fallen short. You can't use Graves McLain and Smith Law Center to support a ranked list of five errors or establish which error applies to your hospital stay.
What are the most common reasons patients sue doctors over infections?
You won't find patients' reasons for suing ranked by Graves McLain and Smith Law Center. If care failed to prevent an infection or treatment was delayed, a hospital infection claim may address it. Describe what actually happened first. Give the lawyer your chart and your account of the care instead of choosing a category from a list, so they can determine whether any allegation warrants further investigation.

Sources

  1. Oklahoma Hospital Infection Lawsuits, Graves McLain
  2. Hospital-Acquired Infections, Smith Law Center
  3. Filing A Lawsuit For Hospital-Acquired Sepsis, Bostwick & Peterson

Other lawyers in the United States

Think it was hospital acquired infections? Let's talk it through.

Most people who reach out aren't sure yet, and that's fine. Share a few lines and a malpractice lawyer near you can look at it with you, at no cost.

  • It's free, and talking to a lawyer doesn't commit you to anything.
  • Where we know the local rules, you'll see your likely filing deadline right away.
  • Your answers are encrypted and never sold or used for ads.

Start with one question

Hurt by medical care?Talk it through with a lawyer, free.