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Infections are pretty common in hospitals.  This is true even though there are a lot of infection controls put in place.  Even with all of the controls you still have the fact that a lot of sick people travel through hospitals and there is quite a bit of interaction between patients and treating nurses and doctors.  These infections are sometimes called Hospital Acquired Infections.

For the most part these hospital infections are not the result of malpractice, but in two situations they can be. 

1. Where infection control standards are not followed or properly put in place, these can be as simple as not providing the correct dosage of antibiotic after surgery or failing to properly clean instruments.  It is important that hospitals and medical personnel keep up on these changing standards for keeping hospitals infection an bacteria free.
2. Failing to diagnose infection

Failing to diagnose an infection is probably the more common medical malpractice case.  This is because you are dealing with one patient and the interaction between the hospital and that one patient. You do not have to prove that the Hospital "system" was broken only that the medical treatment this person received was below standard.

We represented a patient many years ago where he had a surgery on his back.  That surgery went well.  BUT he began developing symptoms that looked like infection.  He had pain that increased and had a temperature.  When he presented to the doctor these symptoms were not recognized for what they were, which was a developing infection in his spine.  When a doctor finally ordered a test to see his spine, the doctor saw fluid building up in the spinal cord area.  He thought it was blood from the surgery.  It wasn't.  When he opened up the spine, he found a large abscess.  The result was that this patient suffered a permanent spinal cord injury and paralysis.  This injury was avoidable because the signs of the infection were evident.  They were just not recognized for what they were.

That case resulted in a settlement for the patient that will provide for him through his lifetime.