QUESTION
Can you sue a hospital or doctor for getting the MRSA virus while being operated on for a spinal fusion?
Asked on Nov 13th, 2013 on Medical Malpractice - Kentucky
More details to this question:
Two years ago, I was give a spinal fusion. I contracted the MRSA virus during the procedure. I was on medication for 6 weeks and taken off the medication. Two months later, I got the MRSA virus back and was given a port to receive the same medication for 8 more weeks. Since then, I have learned that I should never have been taken off the medication by the Surgeon until the Infectious disease Dr. did tests to make sure the virus was out of my system. At the time the Infectious disease Dr. was leaving the hospital for a position elsewhere. She did no further testing and released me. Two months later, I got the MSRA virus back badly enough that I could have died. I am still having trouble with my back because the fusion is not healing. I am now taking hormone shots and had to purchase a bone stimulating machine to try to heal the fusion before having another surgery. I believe the MRSA is why my bones no longer want to heal as I have had three other discs fused with no healing issues.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
at
John J. Ratkowitz
Update Your Profile
You should have an attorney review the medical records because it sounds like you have reason to suspect that you received incomplete care from the infectios disease doctor who you treated with. It goes without saying that you cannot take a cavalier approach to a MRSA infection in the spine.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Click here for my website.
Answered on Nov 16th, 2013 at 11:08 AM