Visitor Question

Staph infection from shoulder surgery?

Submitted By: Sandra (Cape Girardeau, MO)

I had a broken shoulder and had surgery to repair it. During therapy it became very painful. After about 2 weeks of doing good it swelled up and started draining. That’s when they found out I had a staph infection. I have had 4 more surgeries because the infection kept coming back.

I have been sent home with pic lines for IV antibiotics and wound vacs. The last surgery was to remove all the hardware. It has been 2 months now, and I have another infection. The bone is dying, so now I have 2 more surgeries coming up and he’s going to cut the head of the humerus bone off to get all the infection out.

Is there anything I can do about this? Is this surgical malpractice? This is so much worse than it should have been. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sandra,

While your injury is quite serious, to have the basis of a medical malpractice claim will require proof that one or more doctors, and possibly the hospital, were negligent, and their negligence was the direct and proximate cause of your staph infection, and other resulting maladies.

Malpractice claims should only be pursued by experienced attorneys.

It’s quite rare for a doctor or hospital to admit they committed malpractice and agree to an out-of-court settlement.

To admit malpractice will be a blight on the doctor’s and/or hospital’s record. That’s something they want to avoid at all costs. Moreover, medical malpractice is subject to interpretation by various medical experts. What one doctor may consider malpractice, another may not.

Medical malpractice occurs when a doctor, or other health care provider, treats a patient in a manner below the medical standard of care in the medical community; and as a result of that sub-standard treatment, the patient suffers harm or injury.

The “medical standard of care” is the type and level of care that a reasonably competent health care provider would have provided to the patient under similar circumstances.

Gather copies of all your medical records and contact several medical malpractice attorneys in your area. Fortunately, most malpractice attorneys don’t charge for initial office consultations. By visiting with several, you will gain insight into the likelihood of success, and the approximate amount your case may be worth.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 8, 2014

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