Post-op infection cases are difficult because in many circumstances, the infection is an accepted complication of the procedure because infections can occur even in the absence of negligence. If there is a case, it is usually because the attending physician failed to respond in a timely fashion to mitigate the damages caused by the infection.
While your facts suggest that the infection might have been precipitated by a negligent surgical mishap, if the antibiotics cure the problem in my view you do not have a financially viable case. Another attorney might think differently, because the issue of financial viability is a judgment call and lawyers have different standards for making this decision.
If you want to investigate a case further, 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.
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.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here for more information about me. Click here for more information about my firm.
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 Web: www.starrgern.com.
Answered on Sep 08th, 2012 at 11:27 AM