Factual Causation and Healthcare-Associated Infections

Abstract

Nosocomial infections have been a reality since the origin of medicine and have been the object of judicial decisions for a long time. Canadian judges have dealt with potential liability arising from healthcare-related infections since at least the beginning of the twentieth century. However, the increased incidence rates of nosocomial infections in the last few years have put them at the forefront of social and media scrutiny. They now present particular challenges for the courts because of their proliferation and the evasive nature of their causes. This paper comments on the judicial treatment of the uncertainty that often surrounds the causes of infections contracted in the healthcare setting.

Keywords: nosocomial infections, healthcare-related infections, causation, causes, courts, judicial decisions