LA Century Law explains dog bite infections in California. Our experienced San Bernardino dog bite lawyers discuss the medical risks of an infected dog bite and what it means for your legal claim.

Infection – Every Dog Bite Carries a Risk

5-25% of dog bites become infected. This rate of infection is on par with the infection rate for all significant wounds (5.6-26%). Minor wounds have a much lower overall infection rate of about 5%.

Specific infections from dog bites may include: Capnocytophaga, Pasteurella, Streptococcus, Staphylococcus, E. coli, and Fusobacterium.

Why Dog Bite Wounds Are Especially Prone to Infection

Risk of infection depends on:

Location of the bite on the body
Age of the victim
Medical conditions and overall health of the victim
Breed of dog
Delayed cleaning of the wound
Dirt and debris trapped in the skin

Dog bites are especially prone to infection because they are often deep, with significant tissue destruction. In addition, they commonly involve areas of the body that struggle to deliver fluids and fight infection, like the hands, feet, face, genitals, and joints.

Understanding dog bite infections

A dog bite breaches the skin. Usually, the skin acts as a shield, protecting the body from germs around it. If germs enter the body through an open wound, like a dog bite, they can multiply, resulting in infection.

Dog bite infection may result from the microorganisms in the dog’s mouth, organisms on the victim’s skin, or the environment.

Cleaning the wound well can reduce the risk of infection. But infections can occur despite proper care.

Signs of a Dog Bite Infection to Watch For

Signs of a dog bite infection include:

Pus or discharge at the wound site
A red appearance that spreads from the wound site
Pain, swelling, warmth
Fever, chills
Trouble breathing
Weakness, tremors
Lack of normal healing
Nausea, vomiting

If you notice signs of infection, get medical attention right away.

Serious Complications from Untreated Dog Bite Infections

Complications from untreated dog bite infections may include:

Prolonged healing. Healing from the wound takes much longer than it would have otherwise.
Sepsis. When bacteria enter the bloodstream, causing an overwhelming immune response. Shock and organ failure can occur.
Amputation. Progressing infection may result in the need for limb amputation.
Tetanus. May cause stiffness, spasms, and difficulty swallowing.
Rabies. Most rabies exposure to humans in the United States is from wild animals.
Cellulitis. Persistent skin infection, which can lead to tissue death, osteomyelitis, and endocarditis.

Monitoring the wound and overall health during healing can help to identify infection quickly.

How Medical Treatment Costs Factor Into Your Dog Bite Claim

California uses negligence per se in dog bite claims. That’s a good thing for victims. It means if you’re hurt, there’s a good chance you have a legal claim for compensation.

In California, a victim may recover the amount that reasonably compensates the victim for the harm. This compensation is called damages.

Damages are both economic and non-economic. That means financial losses, like medical bills, and non-financial losses, like pain and suffering.

Documenting Your Infection for a Stronger Legal Case

As the victim, you must build your legal case. A strong legal case includes proof of:

Initial care. That you received timely medical care for the dog bite.
Wound care. That you took your healing seriously.
Infection care. Timely response to signs of infection.
Causation. The infection is the result of the dog bite.
Extent. The extent of the infection in the body.
Impact. Impact on the person physically and personally, including physical pain, reduced quality of life, long-term disability, and emotional anguish.
Costs. Financial losses, like medical bills, personal care expenses, and lost income.

At LA Century Law, our experienced dog bite attorneys work with experts to build the medical evidence needed for a dog bite claim.

California’s Strict Liability Law Covers Infection Damages

California’s strict liability law calls for compensation when a dog bite causes an infection.

Common scenarios are:

No apparent cause. Infection occurs despite no predisposition to infection.
Eggshell Plaintiff. The plaintiff is especially susceptible to infection.
Medical negligence. The infection results from medical negligence during treatment for the dog bite.

What if the victim is especially vulnerable to infection? – The Unusually Susceptible Plaintiff

What about a situation where the victim is especially prone to infection compared to most people?

Situation: For various reasons, a dog bite victim might be especially likely to contract an infection. They may be especially old or young. They may have a medical condition.

The victim may still claim their full damages, whatever they might be. It doesn’t matter that they might be medically fragile or more likely to contract an infection than the average person.

The California jury instructions call this scenario an unusually susceptible plaintiff. The defendant is fully liable for the damages they cause, even if a different victim would have been less likely to develop an infection.

California Civil Jury Instruction CACI No. 3928, Unusually Susceptible Plaintiff, Ng v. Hudson, 75 Cal.App.3d 250 (1977).

See also California Civil Jury Instruction, CACI No. 3927. Aggravation of Preexisting Condition or Disability (for a discussion of how aggravation of pre-existing conditions is compensated in California personal injury law).

What if medical malpractice occurs during medical treatment?

What about a situation where the infection results from medical malpractice?

Situation: A person goes to the doctor for a dog bite. The medical care provider does not treat the dog bite properly. As a result, an infection develops.

Who is legally responsible for the infection? The party responsible for the dog bite? The medical care provider? Both?

The answer is both. Both the party responsible for the dog bite and the negligent care provider can be responsible for damages caused by an infection when the infection results from negligent medical care after a dog bite.

An injured person must exercise reasonable care in choosing their doctor. But if they do, and negligence occurs in medical care, the harm that results is legally caused by the original injury. Proximate cause is the legal term.

The dog bite victim won’t receive double recovery. But both the party responsible for the dog bite and the healthcare provider may be liable for damages.

See Dewhirst v. Leopold, 194 Cal. 424, 433, Ash v. Mortensen, 24 Cal.2d 654 (1944).

Note: Mitigation of damages may apply.

Talk to a Lawyer

To talk to a lawyer about a California dog bite infection claim, contact us at LA Century Law.

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