Can You File a Medical Malpractice Claim for Negligent IV Infiltration?

IV infiltration occurs when fluid from an IV leaks into surrounding tissue instead of going into your vein. This can cause swelling, pain, and skin damage at the injection site. In extreme cases, it might even result in death. Since some people have veins that are difficult to locate or access, IV infiltration is a distressingly common event.

So is IV infiltration medical malpractice? The short answer is yes, some of the time. Under certain circumstances, IV infiltration can constitute medical malpractice in both Ohio and Kentucky. Such claims can be difficult to win, however, unless you handle them just right.

What is IV infiltration?

Strictly speaking, IV infiltration refers to the leakage of non-vesicant fluids like saline into surrounding tissue, which typically causes swelling but not severe tissue damage. IV extravasation, on the other hand, involves vesicant fluids that can cause significant tissue injury or necrosis. IV infiltration occurs for a variety of reasons including improper insertion, unsecured IV lines, and failure to monitor.

Can you win an IV infiltration lawsuit?

Yes you can file and win an IV infiltration lawsuit if you can prove the right facts. Nevertheless, most plaintiffs prefer to seek an out-of-court settlement. Either way, winning a medical malpractice lawsuit or out-of-court claim requires you to prove the following facts:

1. The existence of a provider-patient relationship (a doctor-patient relationship, for example). This condition might not be met if, for example, an off-duty doctor renders first aid at the scene of a traffic accident.
2. Deviation from the accepted standard of care. In other words, medical negligence. You might need expert testimony to establish this.
3. You suffered damages–economic damages and/or noneconomic damages. Typically this means physical harm.
4. Your provider’s negligence caused your damages. There are two kinds of causes. Actual cause means that absent the negligence, you would not have suffered damages. Proximate cause means that your damages were a foreseeable consequence of your provider’s negligence.

IV infiltration might amount to medical malpractice liability if, for example, an untrained staff member negligently inserted the IV; staff failed to properly monitor you even though you were a high-risk patient, or staff ignored symptoms until they became serious (nerve damage, for example). Sometimes IV infiltration “just happens.” In other words, sometimes IV infiltration is unavoidable and not the result of medical negligence.

Nurse liability for medical malpractice

Typically, it is nurses who insert IVs. So can you sue a nurse for medical malpractice? Yes, and you can also demand a settlement. Most nurses are employees of the hospitals they work for, and hospital medical malpractice insurance will cover almost any IV infiltration claim you might file for the nurse’s on-duty behavior.

Can you sue a hospital for leaving an IV in? Yes you can, even if it was the nurse’s fault, because employers are responsible for the malpractice of their employees.

Proving negligence in an IV infiltration case

If you seek to prove medical negligence in an IV infiltration case, you will probably need medical expert testimony. Expert testimony is normal and nearly universal in medical malpractice claims. You will also need copies of your medical records, and perhaps eyewitness testimony. Many other forms of evidence, including your own testimony, might help.

Defenses

Be ready for a vigorous defense—after all, your claim will be seen as an attack on your provider’s reputation. Here are some of the most common:

• A general denial. Asserting that the defendant did not act negligently, for example, and that IV infiltration was therefore unavoidable.
• You missed the statute of limitation deadline to file a medical malpractice lawsuit.
• No significant, permanent, or compensable harm occurred.
• You refused medical treatment.
• You knowingly consented to IV therapy and were informed of infiltration as a known risk or complication.
• Your own actions (e.g., failure to report pain or swelling, interfering with the IV site) contributed to the injury. This is a partial defense.
• You signed a waiver of liability while knowing the risks of the procedure. This won’t work as a defense against gross negligence.

Many other defenses are possible depending on the circumstances.

Complications and damages from IV infiltration

In extreme cases, the long-term consequences of IV infiltration might include:

• Scarring and disfigurement
• Permanent nerve damage
• Tissue death
• Chronic pain
• Muscle atrophy
• Damage to blood vessels
• Blood clots
• Infections or abscesses
• Skin grafting or reconstructive surgery
• Functional impairment of the affected limb
• Amputation

You might also suffer from diminished earning capacity, pain and suffering, and emotional distress. Don’t ignore the intangible (noneconomic) dimension of your damages. They are often worth several times the amount of your tangible (economic) damages. Your recovery for pain and suffering, for example, might far exceed your recovery for medical expenses.

Filing a malpractice claim in Ohio and Kentucky

The first thing you need to know about filing a lawsuit is the deadline imposed by the statute of limitations. In both Ohio and Kentucky, the general statute of limitations for medical malpractice claims is one year. In Ohio, you may be able to extend that period if you provide formal notice to potential defendants before the one-year mark.

In Ohio, you must also prepare an affidavit of merit from a medical expert stating the expert’s opinion that your claim is viable (i.e. not frivolous).

What to do if you suspect negligent IV infiltration

If you suspect that you or your loved one has become a victim of negligent IV infiltration, take the following actions as soon as you can:

• Seek immediate medical evaluation and treatment
• Request and retain copies of your medical records
• Document your symptoms and progression (with photos and in a daily journal)
• Contact an experienced medical malpractice attorney familiar with Ohio or Kentucky medical malpractice law

The sooner you act, the greater your chances of ultimate victory.

How we can help

The IV infiltration lawyers at Crandall & Pera enjoy decades of experience handling medical malpractice claims in both Ohio and Kentucky. We will review your medical records, consult with experts, and even go to trial if necessary. Most of our cases end at the settlement table, however, not at trial. Defendants and insurance companies usually settle with us because they simply don’t want to face us in court. We don’t blame them.

We won’t charge you a dime in attorney’s fees unless we’re successful. If you believe you might have a valid medical malpractice claim, act with all due haste to schedule a free initial consultation.