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Medical malpractice?My aged (but healthy) father went to the hospital with a pain in his side that turned out to be a cracked rib. He contracted C-Diff and MRSA while at the hospital and has been either hospitalized or in a nursing home ever since. He is now totally bedridden, and I doubt that he will ever make it back home. If he does, he will need round-the-clock bedside care. Aside from the emotional stress this has put on the family, it is also financially draining! This nightmare began in early 2008. Can we sue the hospital for the costs already incurred and the cost of his continuing care? Attorney answers (3)
Reputation Level 9
Answered over 2 years ago.
Medical Malpractice Attorney in Mountain Home, AR.
I would get the records from the hospital and take them to a medical malpractice attorney in your state to review.
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C-Diff is often acquired by sick elderly people during their hospital stays. The fact that your father got C-Diff and MRSA in the hospital doesn't even SUGGEST malpractice occurred to me. Hospital staff typically observe very strict hygiene, but there are lots of sick people in hospitals and lots of people with compromised immune systems where all kinds of bacteria are flourishing. It's probably impossible to eliminate nosocomial (hospital acquired) infections.
All of which is to say, if you sued for malpractice it would be your burden to prove that the hospital's negligence legally and factually caused your father to contract C-Diff and MRSA. I can't see how you'd do that. At a minimum you would have to hire a very expensive expert to come give scientifically valid and admissible testimony about the standard of care and that a breach of that standard caused your father to develop infections. I think you couldn't find an expert who could do that. My condolences to your father and your family as you go through this difficult process. What I say here shouldn't be taken as legal advice as I don't hold California licensure; it's simply my analysis of the facts you present in light of general principles of law and legal practice. If you need legal advice, please consult a lawyer who is licensed in California. Good luck. 1 person marked this answer as good
Reputation Level 9
Answered over 2 years ago.
Medical Malpractice Attorney in Temecula, CA.
I'm very sorry to hear about your father's condition...it must be very distressing for you. As far as acquiring these particular infections while in the hospital, there certainly might be a case, but it would be difficult to establish negligence on the part of the hospital, as these particular microbes are very VERY common in both the community and in any hospital. That said, you mentioned the problems began in early 2008, and this presents a real problem: in California, you have one year from the date you know or reasonably should have suspected that your father's infections were caused by some kind of hospital negligence. You may have waited too long to file any kind of claim. In addition, based on the abov, it is not so important that your father acquired an infection in the hospital....what is most critical is what the doctors did once they discovered (or should have discovered) that he had an infection. Any delays that caused additional harms might be the subject of a lawsuit, so long as the statute of limitations has not run.
Was this at Inland Valley or Rancho Springs? Feel Free to call me to discuss. John M Related Questions5 Attorney answers: 
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