Hospital Infection Outbreaks & Negligent Supervision: When Can You Sue a Washington Hospital?
Healthcare associated infection outbreaks have made headlines in Washington. Patients exposed to harmful bacteria or fungi often face serious complications, and families wonder whether hospitals can be held liable. This article explains how outbreaks occur, what legal duties hospitals owe and how victims can seek compensation.
Recent Washington Outbreaks
Several high‑profile cases illustrate the stakes:
Seattle Children’s Hospital Aspergillus outbreak: In 2019–2020 multiple children contracted infections after being exposed to Aspergillus mold in operating rooms. A 2024 jury found the hospital negligent, noting that the facility admitted it fell below the standard of care. Plaintiffs’ attorneys argued that the hospital attempted to downplay harm and that full damages were warranted.
Virginia Mason Medical Center Klebsiella outbreak: Virginia Mason detected an increase in Klebsiella pneumoniae infections beginning in October 2022. Thirty one related cases were identified across inpatient rooms, an intensive care unit and an operating room. The source was still under investigation at the time of reporting. Klebsiella pneumoniae can cause pneumonia, bloodstream infections, wound infections and meningitis, and its resistance to antibiotics makes treatment difficult.
Hepatitis C exposures at MultiCare Health System: In M.N. v. MultiCare Health System, the Washington Supreme Court allowed a class action lawsuit to proceed against a hospital whose nurse diverted narcotics, exposing patients to hepatitis C. The court held that exposing patients to an increased risk of infection satisfied legal causation, meaning the hospital could be liable.
How Do Infection Outbreaks Happen?
Hospital associated infections often spread through:
Contaminated equipment or surfaces. Bacteria such as Klebsiella can persist on hospital surfaces and enter the body through wounds or IV lines.
Poor hand hygiene. Healthcare workers can transfer pathogens from patient to patient if proper hand washing protocols are not followed.
Ventilators and catheters. Ventilators, urinary catheters and central lines provide pathways for germs to enter the bloodstream.
HVAC failures. The Aspergillus outbreak at Seattle Children’s was linked to HVAC problems that allowed mold spores to circulate in operating rooms.
Hospitals’ Legal Duties
Non‑Delegable Duty to Provide Competent Care
Under Washington law, hospitals cannot avoid liability by claiming that negligent physicians or nurses were independent contractors. In a 2024 ruling, the Washington Supreme Court held that hospitals owe a non‑delegable duty to provide competent care and are therefore liable for medical errors committed by independent contractors. This means hospitals must ensure proper training, oversight and infection control measures.
Negligent Hiring and Supervision
If a hospital’s hiring practices or supervision expose patients to harm, it may be liable. The court in M.N. v. MultiCare reasoned that legal causation exists when negligent hiring or supervision exposes patients to bloodborne pathogens. Hospitals should perform background checks, monitor compliance with infection control protocols and promptly respond to incidents of diversion or contamination.
Standard of Care and Breach
To succeed in a lawsuit, a plaintiff must show the hospital breached the standard of care usually by failing to maintain sanitary facilities, properly sterilize equipment or isolate infected patients. Evidence may include inspection records, infection control policies and expert testimony.
Understanding Hospital Acquired Infections
Most infection outbreak lawsuits involve healthcare associated infections (HAIs), also called nosocomial infections. An HAI is an infection a patient acquires while receiving treatment for another condition. According to Cleveland Clinic’s patient guide, HAIs occur within 48 hours of admission, three days after discharge or 30 days after a surgical procedure. They can happen in hospitals, surgical centers, dialysis clinics or long term care facilities. These infections are common, more than half a million patients and healthcare workers contract HAIs each year in the United States.
Common HAIs and their prevalence include:
Clostridioides difficile (C. diff) – causes diarrhea and colitis.
Catheter associated urinary tract infection (CAUTI)
Central line associated bloodstream infection (CLABSI)
Methicillin‑resistant Staphylococcus aureus (MRSA) – a staph infection resistant to antibiotics.
Surgical site infections (SSI) – affecting incisions and deeper tissues.
Ventilator‑associated pneumonia (VAP) – develops in patients on mechanical ventilation.
HAIs are typically avoidable when hospitals follow proper infection control protocols. They spread through contaminated equipment, poor hand hygiene and procedures like catheter insertion or mechanical ventilation. Patients with weakened immune systems are at higher risk.
Prevention and Patient Advocacy
Understanding HAIs empowers patients to play an active role in prevention:
Hand hygiene and cleanliness. Visitors and staff should wash their hands before and after patient contact. Don’t be afraid to remind providers to use sanitizer.
Ask about devices. The longer devices such as catheters, central lines or ventilators remain in place, the higher the infection risk. Ask whether a device is still necessary and when it can be removed.
Know the signs. Symptoms of infection include fever, chills, shortness of breath, abdominal pain, confusion and redness around an incision. Report changes promptly.
Review hospital ratings. Tools like Medicare’s Hospital Compare website and the Washington State Department of Health’s hospital infection reporting can help you compare infection rates and safety scores across facilities. Choosing a hospital with strong infection control practices reduces risk.
Stay informed about outbreaks. Local health departments often publish notices when outbreaks occur. Monitor news and public health advisories, especially when planning an elective procedure.
For more information on filing claims when negligence leads to fatal outcomes, see our related article on hospital wrongful death lawsuits in Washington, which discusses how families can pursue compensation after a loved one dies due to hospital negligence.
What to Do If You Suspect an Outbreak
Seek immediate medical care. If you develop symptoms such as fever, chills or redness around surgical sites, contact your physician or go to the emergency room.
Document your care. Keep copies of medical records, test results, and communications with healthcare providers.
Report the incident. Notify local health authorities and the Washington State Department of Health about suspected hospital acquired infections.
Consult an attorney. A lawyer can evaluate whether the hospital’s actions fell below the standard of care and advise on class action or individual claims.
Hospital infection outbreaks are preventable when facilities adhere to rigorous infection‑ control protocols. Washington law holds hospitals accountable for failing to protect patients from foreseeable infection risks. If you or a loved one were injured due to an outbreak, consult legal counsel to explore your options.
Frequently Asked Questions
Can I join a class action?
Outbreak cases often proceed as class actions if many patients are affected. An attorney can tell you whether a class action is pending and whether you qualify.
Who pays for ongoing medical care?
Damages may include future medical costs, lost wages and non‑economic losses. Hospitals or their insurers are typically responsible when negligence is proven.
Is there a deadline to file?
Washington’s three year statute of limitations applies to medical negligence cases, with a discovery rule similar to other malpractice claims.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision and should not be based solely on advertisements.
