QUESTION
Is there anything I could do about a hospital not informing me for days that I had a contagious condition?
Asked on Sep 06th, 2012 on Personal Injury - Pennsylvania
More details to this question:
Due to not being informed I had methicillin-resistant Staphylococcus aureus when they had the culture results for DAYS, I may have infected many other people with this very contagious and dangerous condition. They were negligent and put my children's health and others health at risk.
18 ANSWERS
Talk to a MALPRACTICE ATTORNEY. That MAY be medical malpractice.
Answered on Sep 19th, 2012 at 8:54 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think you have a claim. But, other lawyers may disagree.
Answered on Sep 14th, 2012 at 4:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File a complaint with the State Department of Health
Answered on Sep 14th, 2012 at 4:50 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Whether the hospital was negligent depends, in part, why you were not informed about having "Methicillin-resistant Staphylococcus aureus,"which is also known as "MRSA." What proof do you have that they had the culture results for days? I could not answer whether the hospital was negligent without more information. Generally, in addition to proving a hospital was negligent, you must also prove damages resulting from that negligence. If no one contracted MRSA from you then there were not be any damages. The fact that people, including your children, could have contracted MRSA does not matter. They must be infected to have damages. Even assuming the hospital was negligent and you did infect other people, you do not have a claim for anyone else other than your children. These other people may have a claim against the hospital, or possibly you. The only claim that you could possibly have for infected other people would be if they sued you for infecting them. You might be able to bring the hospital into the lawsuit and argue that the hospital should have to pay for any judgment against you. Assuming the hospital was negligent and you infected your children, you would have two claims: (1) on your own behalf as parents are responsible for the medical expenses of their children; and (2) you, as parent and next friend of your children, for your children's pain, suffering and similar damages. I would suggest talking to a medical malpractice attorney about your case. You do not provide enough information for me to answer whether the hospital was negligent or if you even have a case.
Answered on Sep 14th, 2012 at 4:50 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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There are no damages if no one comes down with MRSA.....they just failed to use good judgment but if you don't infect someone, then no harm, no foul.
Answered on Sep 14th, 2012 at 4:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. They should have notified you as soon as reasonable possible but you should have been observing hygienic protocols as soon as you knew you had an infection. MRSA is generally not an airborne contagion. Unless your actual damages are significant, a could have been infected case is not viable.
Answered on Sep 14th, 2012 at 4:46 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Not unless you have damages
Answered on Sep 14th, 2012 at 4:46 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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If YOU had no injury then you have no legal case. You can notify the appropriate state agency and they might investigate.
Answered on Sep 14th, 2012 at 4:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They most probably should have notified you as soon as possible. However, you have no claim unless there were damages, and a potential problem is not damages.
Answered on Sep 14th, 2012 at 4:45 PM
Thomas Edward Gates
Unless you can show damages for yourself, not the other people, you have no case.
Answered on Sep 14th, 2012 at 4:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are guessing at claims. If you have a clear cut injury or damage and can connect in with medical testimony to negligence of the hospital you may have a claim. Sounds very iffy to me at this point.
Answered on Sep 14th, 2012 at 4:28 PM
You may contact and consult with a plaintiff's medical malpractice lawyer for legal advice and assistance regarding your medical issue with the hospital.
Answered on Sep 14th, 2012 at 12:35 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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See if one of your children develops the illness. If it happens, you may have a case. If it does not happen, you cannot sue.
Answered on Sep 14th, 2012 at 12:30 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Only if someone was damaged by their actions.
Answered on Sep 14th, 2012 at 12:10 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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The people who were put at risk may have a cause of action, particularly if they develop the infection themselves. If the infected person is a minor child the claim is brought by the parents jointly on behalf of the minor.
Answered on Sep 14th, 2012 at 11:40 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Putting someone at risk without actually infecting someone is not compensable.
Answered on Sep 13th, 2012 at 11:00 PM
Ronald A. Steinberg
If the disease spread, then perhaps the infected people could make a claim.
Answered on Sep 13th, 2012 at 10:59 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Perhaps. You should consult with and retain an attorney. In PA, you will need a physician to provide a written opinion that the hospital deviated from the standard of care and that the deviation caused harm.
Answered on Sep 13th, 2012 at 10:27 PM