Hospital-Acquired Infections

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Hospital-Acquired Infections

Hospital Acquired Infection Lawyer


Hospital Acquired Infections

A hospital acquired infection is any infection you get while in the hospital that has nothing to do with the condition that brought you to the hospital in the first place. Throughout my 40+ year career as a medical malpractice lawyer, I’ve seen this happen far too often. If you went to the hospital for a procedure, and left with surgical site infection due to instruments left within you, or ventilator associated pneumonia, or other infection, you need to call me! I’ll Make Them Pay!®

The most common hospital acquired infections include:

Bloodstream Infections

Infections in the blood stream are extremely dangerous because they affect the functions of your entire body.  Examples include:

1. HIV (human immunodeficiency virus)– a virus that attacks and weakens the body’s immune system, making individuals more susceptible to infections and diseases.

2. Hepatitis– a condition characterized by inflammation of the liver, often caused by viral infections.

3. AIDS-AIDS (acquired immunodeficiency syndrome) is the late stage of HIV infection. It occurs when the immune system is severely due to the virus. People with AIDS are highly vulnerable to various infections and diseases due to the weakened immune system.

4. Bacterial– A bacterial bloodstream infection, also known as bacteremia, occurs when bacteria enter the bloodstream and spread throughout the body. It is a severe condition that can lead to serious complications like sepsis.

Urinary Tract Infections

Infections in the urinary tract can lead to even more dangerous infections in the bladder and kidneys. Without proper treatment, urinary tract infections can lead to permanent kidney damage.

Respiratory Infections

  1. Influenza (Flu): Influenza is a viral respiratory infection that can cause symptoms such as fever, cough, sore throat, body aches, and fatigue. It is typically spread through respiratory droplets from infected individuals and can have seasonal outbreaks.

  2. Pneumonia: Pneumonia is an infection that causes inflammation in the lungs. It can be caused by various pathogens, including bacteria, viruses, or fungi (all very prevalent in hospitals). This is a common type of hospital infection, which is why it is so important for proper cleaning protocols to be followed. Symptoms of pneumonia may include cough, difficulty breathing, chest pain, fever, and fatigue. Pneumonia can range from mild to severe, and treatment depends on the underlying cause.

  3. Tuberculosis (TB): Tuberculosis is a bacterial lung disease caused by Mycobacterium tuberculosis. It can be transmitted through the air when an infected individual coughs or sneezes. Symptoms may include persistent cough, chest pain, fatigue, weight loss, and night sweats.

  4. Bronchitis: Bronchitis is an inflammation of the bronchial tubes, which are the air passages that connect the lungs to the throat. It can be caused by viral or bacterial infections. Symptoms may include cough with mucus, chest discomfort, shortness of breath, and mild fever. Most cases of bronchitis resolve on their own, but treatment may be necessary for severe or persistent cases.

  5. Pneumonia: an inflammation and fluid in the lungs.  Elderly and young children are at the greatest risk of pneumonia, which if not treated properly, can lead to death.

  6. Severe Acute Respiratory Syndrome (SARS): A viral respiratory illness caused by a coronavirus. It was first identified in 2003 and can cause symptoms such as fever, headache, body aches, and a dry cough. SARS can be transmitted through close person-to-person contact, particularly through respiratory droplets.

It is vitally important that hospital staff maintains cleanliness throughout the building to avoid a hospital acquired infection for each patient. Medical professionals also need to be diligent in cleaning their hands between patient visits. Hospital infection lawyers work to make sure cleanliness standards are upheld! If you have suffered because an infection occurred as a result of improper santiization during a hospital stay, I’ll Make Them Pay!®

Surgical Site Infections (SSI)

Surgical site infections can occur because of dirty surgical equipment, left-behind tools, improperly washed hands. Common surgeries that can lead to infection are implantation of hardware for various reconstructive surgeries, including knee replacements and spinal rods. Infections include:

  1. Superficial Incisional SSI: This type of SSI affects the skin and subcutaneous tissue near the surgical incision. It may manifest as redness, warmth, tenderness, delayed healing, and sometimes the presence of pus at the wound site.

  2. Deep Incisional SSI: Deep incisional SSIs involve tissues beneath the skin, such as muscles or organs near the surgical site. Symptoms may include fever, pain, swelling, drainage of pus, and the wound splitting open.

  3. Organ/Space SSI: This type of SSI affects any part of the body other than the incision site, such as an organ or the abdominal cavity. It can be more severe and may present with systemic symptoms, such as fever, pain, abscess formation, and pus in the affected area.

  4. Wound Dehiscence: Although not specifically an infection, wound dehiscence refers to the separation or opening of a surgical incision. It can be a result of poor wound healing and may increase the risk of infection by exposing the underlying tissues.

  5. Necrotizing Fasciitis: This is a rare but severe type of SSI characterized by rapid, progressive infection of the skin, subcutaneous tissue, and fascia. It can cause severe pain, redness, swelling, and tissue destruction. Necrotizing fasciitis requires immediate medical attention and surgical intervention.

Staph Infections

MRSA is the most common staph infection.  It is incredibly dangerous and contagious because of it’s resistance to antibiotics.

Causes Of Hospital Acquired Infections

While many hospital acquired infections cannot be prevented, it is still a health care facility’s responsibility to provide patients with the safest environment possible. Whether you’ve suffered from one of these infections or find yourself at risk of acquiring one, it is important to know how they are caused.

Avoid the causes of hospital-acquired infections, or make sure to protect yourself as much as you can in these situations, might save your life:

Overuse or improper use of antibiotics

The overuse or improper use of antibiotics can contribute to the development of antibiotic-resistant bacteria, also known as multidrug-resistant organisms. These bacteria have evolved to withstand the effects of antibiotics, making them more difficult to treat.


If proper aseptic techniques are not followed during the injection process, bacteria or other pathogens can be introduced into the body, potentially causing an infection.

Surgical procedures

Despite maintaining a sterile environment, there is a possibility of contamination during the surgical procedure. This can occur through contact with the patient’s own skin or bodily fluids, healthcare personnel, surgical instruments, or the surrounding environment. If the introduced microorganisms are not adequately controlled, they can cause an infection.

Exposure to hospital personnel

Hospital personnel, such as doctors, nurses, or other healthcare workers, may come into direct contact with infected patients or contaminated surfaces, instruments, or equipment. If proper hand hygiene practices are not followed, the microorganisms present on the hands of healthcare personnel can be transmitted to patients, leading to infections.

Inadequate hand washing

The hands of healthcare workers are a primary source of transmitting infectious agents responsible for infection. If the hospital staff does not practice proper hand hygiene, they can carry and spread harmful microorganisms from one patient to another. The healthcare workers can also contaminate surfaces, medical equipment, or other healthcare settings.

Lengthy hospital stays

Extended hospital stays mean patients have prolonged exposure to various microorganisms present in healthcare settings. Hospitals can be reservoirs of infectious agents, and the longer a patient stays, the higher the likelihood of coming into contact with potentially harmful bacteria, viruses, or fungi.

Exposure to unclean equipment

  1. Transmission of pathogens: Dirty equipment, such as contaminated medical devices, surfaces, or instruments, can harbor and transmit pathogens responsible for infections. Bacteria and viruses can survive on surfaces and equipment, and if proper cleaning and disinfection protocols are not followed, they can be transferred to patients, leading to infections.

  2. Cross-contamination: When impure equipment comes into contact with patients or healthcare providers, it can act as a source of cross-contamination. For example, if a contaminated instrument is used on multiple patients without proper cleaning and sterilization between uses. This can introduce pathogens from one patient to another, increasing the risk of infections.

  3. Reservoirs for infectious agents: Unclean equipment can serve as reservoirs for infectious agents, providing a favorable environment for their survival and proliferation. This can include equipment with hard-to-reach areas that are difficult to clean thoroughly or devices that have complex mechanisms where pathogens can hide and persist. If these reservoirs are not properly addressed, they can serve as a continuous source of infection.

Exposure to others with hospital-acquired infections

Hospital acquired infections can spread from one patient to another through direct contact or close proximity. This can occur when infected patients cough, sneeze, talk, or touch surfaces without proper hand hygiene. Pathogens, such as bacteria or viruses, can be released into the air or deposited on surfaces, increasing the risk of transmission to other patients.

Hospital Acquired Infection Could Be Medical Malpractice

When a patient acquires an infection during their hospital stay, there are circumstances where the hospital can be sued for medical malpractice. To establish a medical malpractice claim in this scenario, the following elements generally need to be proven:

  1. Duty of care: The hospital must have owed a duty of care to the patient. This means they had a legal obligation to provide a certain standard of care and take reasonable measures to prevent infections.

  2. Breach of duty: It must be demonstrated that the hospital breached its duty of care by failing to adhere to acceptable standards of infection prevention and control. Thereby increasing the risk of the patient acquiring the infection.

  3. Causation: The patient needs to establish that the hospital’s breach of duty was the direct cause of their infection. This requires showing that the infection was acquired as a result of the hospital’s negligence and not due to other factors unrelated to the hospital’s actions.

  4. Damages: The patient must demonstrate that they suffered harm or damages as a result of the acquired infection. This can include physical injuries, pain and suffering, medical expenses, loss of income, and other related losses.

Proving a hospital’s liability for a patient-acquired infection can be complex, as it requires establishing negligence on the part of the hospital. Then a causal link between the negligence and the infection must be show by the patient. It may involve gathering medical records, expert testimony, and other evidence to support the claim. Each case is unique, and the outcome will depend on the specific facts and circumstances surrounding the infection and the hospital’s actions.

If you or someone you love was injured as the result of a hospital-acquired infection, you have to call me now for a FREE consultation. I will help you understand your rights. As your Ohio Medical Malpractice Lawyer, I’ll be there for you, and I’ll Make Them Pay!®


Krystle Banks
Krystle Banks
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Christine Filippelli
Christine Filippelli
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DeAndre Merritt
DeAndre Merritt
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Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.