Medical malpractice actions against doctors, nurses, and hospitals for infections arising during hospitalization are rare. Usually, they are considered a risk of surgery or hospitalization unless it can be clearly established that medical personnel, through an act or omission, were the proximate cause of the infection. Recently, dangerous, new superbugs have been reported in U. S. hospitals that are resistant to traditional antibiotics, thus increasing the risk of infection during hospital stays. To protect themselves potential patients can investigate whether the hospital is properly accredited for the procedure in question and if appropriate request out-patient ambulatory surgery in lieu of admission to the hospital.