According to Florida law and administrative regulations, patients have several rights related to hospital-acquired infections including infection control programs, the right to access records related to any adverse medical incidents, and hospitals being required to report disciplinary actions taken against staff members or physicians. These programs are designed to ensure that patients are protected from these issues and to provide mechanisms for accountability and transparency in healthcare facilities.
1. Infection Control Programs For Preventing Hospital Acquired Infections:
Hospitals are required to have infection control programs that include policies for decontamination and sterilization activities, which must be reviewed and enforced regularly:
(1) Each hospital shall establish an infection control program involving members of the organized medical staff, the nursing staff, other professional staff as appropriate, and administration. The program shall comply with the requirements in sections 381.0098 and 395.1011, F.S. and shall provide for:
(a) The surveillance, prevention, and control of infections among patients and personnel;
(b) The establishment of a system for identifying, reporting, evaluating and maintaining records of infections;
(c) Ongoing review and evaluation of all septic, isolation and sanitation techniques employed in the hospital; and,
(d) Development and coordination of training programs in infection control for all hospital personnel.
(2) Each hospital shall have written policies and procedures reflecting the scope of the infection control program outlined in subsection (1). The written policies and procedures shall be reviewed at least every two years by the infection control program members, dated at the time of each review, revised as necessary, and enforced.
See: Rule 59A-3.250, F.A.C.)[2].
Note: Claims related to improper sterilization or use of contaminated materials may be considered ordinary negligence rather than medical malpractice, depending on whether the issue involves medical judgment or administrative procedures. See Holmes Regional Medical Center, Inc. v. Dumigan, 151 So.3d 1282
2. Patient Right To Records About Hospital-Acquired Infections:
Patients have the right to access records related to any adverse medical incidents, which include medical negligence or any act that caused or could have caused injury or death:
(4) PATIENTS’ RIGHT OF ACCESS.—Patients have a right to have access to any records made or received in the course of business by a health care facility or health care provider relating to any adverse medical incident. In providing access to these records, the health care facility or health care provider may not disclose the identity of patients involved in the incidents and shall maintain any privacy restrictions imposed by federal law.
Additionally, hospitals are required to report disciplinary actions taken against staff members or physicians for incompetence, medical negligence, or failure to comply with risk management programs
(4) Pursuant to ss. 458.337 and 459.016, any disciplinary actions taken under subsection (3) shall be reported in writing to the Division of Health Quality Assurance of the agency within 30 working days after its initial occurrence, regardless of the pendency of appeals to the governing board of the hospital. The notification shall identify the disciplined practitioner, the action taken, and the reason for such action. All final disciplinary actions taken under subsection (3), if different from those which were reported to the agency within 30 days after the initial occurrence, shall be reported within 10 working days to the Division of Health Quality Assurance of the agency in writing and shall specify the disciplinary action taken and the specific grounds therefor. The division shall review each report and determine whether it potentially involved conduct by the licensee that is subject to disciplinary action, in which case s. 456.073 shall apply. The reports are not subject to inspection under s. 119.07(1) even if the division’s investigation results in a finding of probable cause.
See Florida Statute 395.0193 [4].
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