QUESTION

I have a case. The doctor first caused an infection during surgery, then spent too much time denying. Who will take my case?

Asked on Mar 28th, 2013 on Medical Malpractice - New Jersey
More details to this question:
9/19/12, fx humerous. 10/1/12, surgery with plates and screws. 10/7/12, went to closest er with fever and surgical wound seepage. Transgerred to hospital of surgery via ambulance. Doctor's said, "You have an infection, but we don't know that it is in your arm" They did open and clean the wound, sent me home on oral antibiotics. (denial and serious poor decision for a bone infection). The doctor consulted Infectious disease, I was put on oral antibiotics. Arm seeped the whole time, On follow up, the doctor observed the seepage and I was taught to wrap the wound. Started Physical Therapy, with the arm still seeping daily, (poor decision, denial) I was given another round of oral antibiotics, seeping never stopped, doctor knew, denied. After Christmas and New Years and coming home to RI with most people telling me as all lf my clothes are stained from my massive wound seeping, I returned to the Doctor in NJ and told him that he needs to fix this RIGHT. There is more.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Post-operative wound infection cases are difficult to prosecute because many times a wound infection can occur in the absence of negligence. There are some circumstances where accepted standards of care require the use of prophylactic antibiotics because an infection can have devastating results ( for example, in a situation involving a total knee replacement). Most of the time, however, these cases are not pursued because the patient acquired an infection, but because a doctor failed to recognize and treat an infection in a timely fashion. It is hard to tell you without looking at the records whether your doctor negligently failed to respond to your infection in a timely manner. Obviously, you believe that these circumstances exist. Certainly with wound seepage in the area of surgery, you would expect someone to culture the wound so that an antibiotic specific to the bacteria could be prescribed.  You indicate that infectious disease was consulted. The question is why more was not done to investigate the nature of the pathology. You indicate there is more information, that would be helpful to provide you with a more reasoned response. Finally, without knowing anything about the damages you suffered, there is a question about whether any case is financially vialbe. Articles below discusss this issue in more detail.  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 and here for more information about me. 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  Skype: john_ratkowitz. Click here for my website.    
Answered on Mar 31st, 2013 at 7:52 PM

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