Do I have a malpractice case if I have a hospital acquired infection from elective back surgery?

As with all medical malpractice claims, the question is whether the infection you received was as a result of some breach of the professional standard of care of the hospital, or of any of the physicians or nursing staff that treated you.  You would also have to establish that that MRSA developed in the hospital, as opposed to somewhere else.  Generally speaking, infections are a known and accepted risk of surgical procedures, and cannot be prevented in 100% of the cases.  However, hospitals and surgical facilities have (or should have) in place protocols and procedures for sterile handling of instruments and general sterility to try and prevent or minimize the incidence of MRSA infections.   You would have to gather up all of your medical records from your hospital stay and subsequent treatment and have them reviewed by an expert medical doctor in the appropriate field of medicine.  That medical expert must be able to provide an opinion before you are permitted to file suit that there exists probable cause to believe that a breach of the standard of care occurred that caused your injuries and damages.  I would be happy to speak with you about your case in more detail if you would like.  Please feel free to contact me directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com