If you’re reading this, you or someone you love is likely dealing with a serious infection after surgery, and you’re wondering if something went wrong that shouldn’t have. Maybe your recovery has taken an unexpected turn. Maybe no one is giving you straight answers. And maybe you’re starting to ask a painful but important question: Could this have been prevented?
Postoperative infections are more common than most patients realize. They can happen even in the best hospital or clinic setting. But while not every infection is caused by medical negligence, how the infection is diagnosed, monitored, and treated absolutely matters. In some cases, it’s not the infection itself, but the failure to respond to it properly that causes lasting harm.
In this blog, we’ll walk through how post-surgical infections are handled, when that care might cross the line into malpractice, and what legal options may be available if you’ve suffered as a result.
Understanding Post-Surgical Infections: What’s Normal, and What’s Not
After surgery, some level of inflammation and discomfort is expected. But when those symptoms evolve into infection, patients can face a long, painful recovery that delays healing and leads to further complications.
Common signs of infection after surgery include:
- Increasing redness or swelling around the incision site
- Pus or drainage from the wound
- Fever or chills
- Rapid heart rate or low blood pressure
- Pain that worsens instead of improves
- Fatigue or weakness
- Foul-smelling wound discharge
Most infections fall into one of two categories:
- Superficial (external) infections – affecting the skin or tissue around the incision
- Deep or systemic infections – affecting internal organs, bones, joints, or implanted hardware
Deep infections, especially after orthopedic or general surgery, can become life-threatening if not treated timely and appropriately. In Montana, we frequently see these types of infections in joint replacements, abdominal surgeries, and spinal procedures.
Is the Infection Itself Malpractice?
This is a common question, and the answer is not always straightforward.
Infections happen. Even when every protocol is followed, there’s still risk. A patient’s health history, immune system, and surgical complexity all play a role.
But how an infection is managed is a different story. The standard of care requires:
- Proper prophylaxis if indicated
- Early recognition of infection warning signs
- Timely response, including ordering labs, cultures, and/or imaging
- Appropriate antibiotics or surgical cleaning
- Clear communication with the patient about follow-up needs and instructions for care
- Monitoring for worsening symptoms or new complications
When these steps are delayed, skipped, or poorly coordinated, that’s when medical negligence may come into play.
When an Infection Becomes Malpractice
In our experience handling infection-related medical malpractice cases across Montana, we often see three types of breakdowns in care:
Delayed Diagnosis: A patient reports symptoms that suggest an infection, but staff dismiss symptoms, overlook the warning signs or do not communicate the information to the physician timely. Lab tests and/or cultures aren’t ordered. Lab or culture results are delayed or not acted upon appropriately. By the time the infection is discovered, it has already spread or has seeded to difficult áreas to treat.
Inadequate Treatment Antibiotics: These may not be prescribed soon enough or are the wrong type for the infection. The surgical wound isn’t properly cleaned (debrided) or referred to specialty wound care.Necessary imaging to identify infection is delayed or not done. The patient ends up needing additional surgeries and/or can develop wide spread infection leading to sepsis, septic shock, multi-system organ failure and even death.
Poor Communication and Follow-Up: Patients are discharged without clear instructions about what to watch for. When they call with concerns, they’re told it’s “normal healing” or “it can wait until your scheduled appointment.” By the time they are seen they return to the hospital or clinic in critical condition.
When the harm caused by these failures leads to additional injury, medical expense, wage loss, permanent disability, or loss of life, it may qualify as medical malpractice under Montana law and warrant litigation.
Montana Law and Hospital-Acquired Infections
To meet the standard of care, the healthcare team must:
- Provide preventive treatment when needed
- Recognize early signs of infection
- Act quickly by ordering tests, like lab work or scans
- Give the right antibiotics or do a proper cleaning if surgery is needed
- Clearly explain to the patient what to expect and how to care for themselves
- Watch for any signs that the condition is getting worse or new problems are developing
In Montana, a successful malpractice claim must prove that:
- A licensed medical provider (doctor, nurse, hospital) failed to meet the accepted standard of care
- That failure caused the injury or harm
- The patient experienced significant damages as a result (such as additional surgeries, lost wages, or permanent disability)
Even though postoperative infections are often called “hospital-acquired infections” (or nosocomial infections), the infection alone is not enough to support a malpractice case. What matters is how the medical team responded once symptoms appeared and were reported.
Pro Tip: If you suspect poor care after surgery, start keeping detailed notes. Document when symptoms appeared, who you talked to, what advice you were given, and how your condition changed. Take and date photographs of the progression of the infection. This information helps your legal team evaluate your case more thoroughly.
Long-Term Consequences of Mishandled Infections
Some infections are resolved with antibiotics and agressive management. Others result in devastating consequences, including:
- Repeat surgeries
- Long-term antibiotic use or IV therapy
- Long hospitalizations
- Emotional trauma and fear of future medical care
- Permanent damage to joints, organs, or tissues
- Chronic pain or limited mobility
- Amputations
- Death
When these outcomes could have been avoided with proper care and attention, patients and their families deserve answers and accountability.
Why This Happens: System Failures in Montana Hospitals
In rural and mid-sized communities like those across Montana, many hospitals and clinics are understaffed, overbooked, or stretched thin. Some facilities offer treatment they are not equipped to manage. These conditions make it easier for mistakes and oversights to happen, including:
- Missed signs of infection
- Delayed lab processing
- Communication breakdowns between departments or providers
- Discharging patients too early due to bed shortages or insurance coverages
- Lack of timely specialist referrals
These are systemic issues, but they do not excuse poor care.
What to Do If You’re Concerned About Postoperative Care
If you suspect your infection could have been avoided or handled more effectively, here are steps you can take:
- Continue your medical treatment. Your health is the top priority. Seek a second opinion if needed.
- Request copies of your medical records. These belong to you and can reveal critical timelines and communication gaps. Ask for complete records, not just reports.
- Write down your experience. Start a timeline that includes symptoms, conversations, and diagnoses.
- Contact a medical malpractice attorney. A legal team can evaluate whether your case meets Montana’s standard for malpractice and help determine what next steps to take.
How We Help Montana Patients After Infection-Related Harm
At Buxbaum Daue, we’ve represented patients across Montana who were harmed by postoperative infections that were not recognized, not treated, or not taken seriously until it was too late.
Our approach is always patient-first. That means:
- We start by listening to your story, not jumping to conclusions
- We review your records carefully
- We work with medical experts to review your records and timelines
- We give you an honest answer about whether we can prove there was negligent care provided that would satisfy the requirements of a medical malpractice claim.
- We advocate for fair compensation that reflects your real pain, expenses, disabilities and future care needs
You deserve to know what went wrong and whether it could have been prevented.
Bottom Line: You’re Not Wrong to Ask Questions
If you’re struggling to recover from a post-surgical infection and feel like no one took your concerns seriously, you’re not alone, and you’re not overreacting.
Medical errors don’t always look like dramatic mistakes. Sometimes, they look like silence, delay, or a lack of follow-up that makes everything worse.
If you’re in Montana and dealing with the aftermath of an infection, we can help you understand your rights and your options.
Start Your Case Evaluation Today
If you’ve suffered from a post-surgical infection that wasn’t properly treated or addressed, you may be entitled to compensation. Our team is here to help you make sense of what happened and explore whether medical negligence played a role.
Learn more about how we handle medical malpractice cases in Montana here: Medical Malpractice
Take the first step by filling out our intake form so we can help you understand whether your experience meets the legal standard for malpractice and what support may be available to help you move forward.
