Surgery always carries some risk of infection. But many surgical infections are preventable—and when one results from a breach of basic safety practices, or goes unrecognized and untreated, the consequences can be devastating. What should have been a routine recovery can turn into sepsis, additional surgeries, amputation, or death. Patients are often left wondering whether their infection was simply bad luck, or whether something went wrong that should not have.
At Gilman & Bedigian, we help patients and families harmed by surgical infections caused by negligence. We understand the difference between an unavoidable complication and a preventable error, and we know how to investigate which one occurred. If you suspect that a surgical infection resulted from negligent care, we are here to help.
You deserve to understand what happened, and the first conversation costs nothing. Call 1-800-529-6162 (phones answered 24/7) or request a free, confidential case review online. There is no fee unless we win your case.
What Is a Surgical Infection, and When Does It Involve Negligence?
A surgical infection—often called a surgical-site infection (SSI)—is an infection that occurs at or near the site of an operation. Surgical infections are commonly classified by how deep they go: superficial infections involve the skin; deep incisional infections involve the muscle and tissue beneath; and organ/space infections involve the organs or spaces touched during surgery. The deeper the infection, the more dangerous it tends to be.
Here is the important nuance: not every surgical infection is the result of negligence. Even with excellent care, some infections occur. A surgical infection may involve negligence when, for example, sterile technique was breached, preventive antibiotics were not given properly, contaminated instruments or environments were involved, or—critically—the infection was not recognized and treated in time. The legal question is not simply whether an infection happened, but whether the care met the accepted standard and whether a failure caused or worsened the harm.
This distinction is exactly what an experienced medical malpractice attorney, working with qualified experts, is equipped to evaluate.
When a Surgical Infection Crosses the Line Into Negligence
Because the central question in these cases is whether the infection was preventable or properly managed, it helps to understand the specific ways negligence can lead to or worsen a surgical infection:
Breaches in sterile technique
Operating rooms rely on strict sterile protocols. Lapses in hand hygiene, gowning and gloving, instrument sterilization, or maintaining the sterile field can introduce infection.
Failure to administer prophylactic antibiotics correctly
For many procedures, the standard of care calls for preventive antibiotics given within a specific window before the incision. Giving them at the wrong time, in the wrong dose, or not at all can increase infection risk.
Contaminated instruments or environment
Improperly sterilized instruments, or lapses in cleaning and infection control in the operating room, can expose patients to dangerous bacteria.
Failure to recognize and treat an infection
Perhaps the most consequential failure is not catching an infection in time. Redness, swelling, drainage, fever, and worsening pain are warning signs. When they are dismissed or not acted on, a treatable infection can progress to sepsis.
Improper wound care
Inadequate wound care after surgery—by providers or due to poor instructions to the patient—can allow infections to develop or worsen.
Hospital-acquired and drug-resistant infections
Infections such as MRSA and C. difficile can spread when infection-control practices are not followed, posing serious risks to surgical patients.
Retained objects causing infection
An object left inside the body after surgery can become a source of serious infection. We address this on our retained surgical instruments page.
If your surgical infection led to serious complications, an experienced attorney can review what happened. Call 1-800-529-6162 or request a free case review.
Why Surgical Infections Are So Dangerous
A surgical infection that is preventable or poorly managed can cause severe, cascading harm. Depending on the infection and how it is handled, consequences can include:
- Sepsis, a life-threatening response to infection that can lead to organ failure and death.
- Additional surgeries, to clean the wound, remove infected tissue, or address complications.
- Amputation, when infection severely damages tissue or circulation.
- Prolonged hospitalization and recovery.
- Permanent disability and disfigurement.
- Chronic pain and long-term wound problems.
- Lost income and reduced earning capacity.
- Wrongful death, in the most severe cases.
Because infections can escalate quickly, the failure to recognize and treat one promptly is often what turns a manageable problem into a catastrophe.
Who May Be Responsible for a Surgical Infection?
Responsibility for a negligent surgical infection may fall on one or more parties, including:
- Surgeons, for sterile technique and for recognizing and treating postoperative infections.
- Anesthesiologists and nurse anesthetists, who are often responsible for the timing of preventive antibiotics.
- Operating room and surgical nurses, for maintaining the sterile field and following infection-control protocols.
- Sterile processing staff, for properly sterilizing instruments.
- Postoperative and floor nurses, for monitoring wounds and recognizing signs of infection.
- The hospital or surgical facility, for the conduct of its employees and for its infection-control policies, training, and environment.
Determining who is accountable requires a careful review of the operative and postoperative records, infection-control practices, and the timeline of care.
Sorting out responsibility is our job, not yours. Call 1-800-529-6162 or contact us online.
How a Surgical Infection Claim Is Investigated
Because not every infection involves negligence, these cases require careful, evidence-based investigation. The analysis focuses on the core elements of a malpractice claim: the duty of care owed to the patient; whether the care breached the standard of care—for example, in sterile technique, antibiotic timing, or the recognition and treatment of the infection—as evaluated by qualified experts in surgery, infectious disease, and nursing; whether that breach caused the harm, by showing that proper care would likely have prevented the infection or its escalation; and the full scope of damages.
The medical record is central, including the operative report, anesthesia record (for antibiotic timing), nursing and wound-care notes, culture and lab results, and the timeline of any treatment. We also examine the facility's infection-control practices where relevant. The right expert witnesses then establish what should have happened and how the failure changed the outcome. This work—distinguishing an unavoidable infection from a negligent one—is exactly where experience matters.
Compensation in a Surgical Infection Case
Available damages may include past and future medical expenses (including the cost of additional surgeries and long-term treatment), future and long-term care costs, lost income and lost earning capacity, pain and suffering, loss of companionship and support for family members, and—where a patient has died—wrongful death damages. Some states limit certain categories of damages or impose special procedural requirements, and we will explain how the law in your jurisdiction applies.
A free case review can help you understand what your family may be entitled to recover. Call 1-800-529-6162 or contact us.
Time Limits for Filing a Surgical Infection Claim
Surgical infection claims are subject to a statute of limitations that varies by state and can depend on when the harm occurred or was discovered, whether the patient is a minor, and whether a publicly owned hospital is involved—government facilities often carry shorter deadlines and special notice requirements. Because missing a deadline can permanently bar recovery, it is important to speak with an attorney as soon as you have concerns. Acting early also helps preserve the records and culture results these cases depend on.
What to Do If You Suspect a Negligent Surgical Infection
If you believe a surgical infection resulted from negligent care: focus first on getting appropriate medical treatment for the infection; request the complete medical records, including the operative report, antibiotic timing, culture results, and wound-care notes; document the timeline of symptoms and treatment; keep all related paperwork; be cautious about signing releases or accepting quick settlement offers; and consult an experienced medical malpractice attorney, which typically costs nothing for an initial review.
Why Families Trust Gilman & Bedigian
Surgical infection cases require a firm that can distinguish an unavoidable complication from preventable negligence—and prove it. Gilman & Bedigian is a team of experienced trial attorneys, founded by Charles Gilman and Briggs Bedigian, focused on medical malpractice and catastrophic injury. We are nationally recognized advocates for injured patients and families, committed to accountability and to the patient safety that protects others.
We have recovered more than $800 million for injured patients and families, including some of the largest medical malpractice and birth injury verdicts in Maryland and Pennsylvania history—among them a $182 million verdict (the largest medical malpractice verdict in Pennsylvania history) and a $55 million verdict against Johns Hopkins Hospital. Our work has been recognized by the American Association for Justice, Super Lawyers, and an A-rating from the Better Business Bureau, and we have been featured by ABC, NBC, CBS, and FOX. Past results do not guarantee a similar outcome; each case is different and must be evaluated on its own facts.
We prepare every case as if it will go to trial and are willing to take complex cases before a jury when that is what justice requires. Just as important, we treat the people we represent with compassion, explain everything in plain language, and return calls promptly. With offices in Maryland, Pennsylvania, and Texas, we handle serious cases nationwide in cooperation with local counsel. And because we work on a contingency-fee basis, there is no fee unless we win your case.
Speak directly with an experienced medical malpractice attorney today. Call 1-800-529-6162 (answered 24/7) or request a free, confidential case review. You can also review our case results and client testimonials.
Frequently Asked Questions About Surgical Infections
Is every surgical infection malpractice?
No. Some infections occur even with excellent surgical care. An infection may involve negligence when, for example, sterile technique was breached, preventive antibiotics were mishandled, contaminated instruments were used, or the infection was not recognized and treated in time. Determining which occurred requires expert review of the records.
How do I know if my surgical infection was caused by negligence?
You often cannot know without a careful review of the medical records by qualified experts. Key questions include whether sterile protocols were followed, whether preventive antibiotics were given correctly, and whether the infection was recognized and treated promptly. An attorney can arrange this review—usually at no cost to you.
What is a surgical-site infection (SSI)?
A surgical-site infection is an infection at or near the site of an operation. They are classified as superficial (skin), deep incisional (deeper tissue), or organ/space (the organs or spaces involved in surgery). Deeper infections tend to be more serious.
What are the warning signs of a surgical infection?
Common signs include increasing redness, swelling, warmth, or pain at the surgical site; drainage or pus; fever; and a general feeling of illness. These symptoms should be evaluated promptly, because early treatment can prevent serious complications like sepsis.
What role do antibiotics play?
For many surgeries, the standard of care calls for preventive (prophylactic) antibiotics given within a specific window before the incision. Failing to give them properly can increase infection risk, and a delay in giving antibiotics once an infection develops can allow it to worsen.
Can I bring a claim if a surgical infection led to sepsis or amputation?
Yes, potentially. If negligence caused the infection or allowed it to progress to sepsis or to a point requiring amputation, you may have a claim. Damages can include the long-term costs of living with these outcomes. Our sepsis misdiagnosis page covers related issues.
How long do I have to file a surgical infection claim?
It depends on your state's statute of limitations and the facts of your case, and deadlines can be shorter for claims against public hospitals. Because missing the deadline can end your claim, consult an attorney promptly.
How much does it cost to hire a surgical infection lawyer?
Gilman & Bedigian handles these cases on a contingency-fee basis. There are no upfront costs, and you owe no attorney's fee unless we win your case. Your consultation is free and confidential.
A Preventable Infection Should Not Cost You Everything
When a surgical infection turns a routine recovery into a life-altering ordeal, you deserve to know whether it could have been prevented—and whether the care you received met the standard you had every right to expect. The difference between an unavoidable complication and a preventable error is exactly what we help families understand.
Gilman & Bedigian is here to help. We will review the records, consult the right experts, and tell you honestly whether we believe negligence played a role. There is no cost to begin and no obligation.
Speak With a Medical Malpractice Attorney Today
- Free, confidential consultation
- Free case review by an experienced medical malpractice attorney
- Direct access to attorneys who handle complex, catastrophic-injury cases
- No fee unless we win your case
If you believe a negligent surgical infection harmed you or someone you love, contact Gilman & Bedigian. Call 1-800-529-6162 (answered 24/7) or request your free consultation.
