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Should doctors disclose hospital acquired infections?

Bronx, NY |

My mother died of wound neglect and bedsores in Ohio. Her doctors only mentioned one
infection called Aspergillus Mucor. My sister and I learned after looking at her full and final autopsy report and later medical records that she had all the common HAI's, including VRE which was on her medical records 2 months before she died when she was making progress. Nothing was ever mentioned about VRE.

Attorney Answers 5

Posted

Consult an experienced medical malpractice lawyer with all of your records and see if you have a claim. Good luck,

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7 lawyers agree

Posted

Infection cases are tough, but a good medical malpractice attorney in your area should be able to analyze the issues and tell you whether this is a claim that you should pursue. Gathering the necessary medical records, especially in cases involving nursing homes, can involve thousands of pages of records and retrieving them can be expensive. You should request that the nursing home put all of your mother's records onto a CD. You can then present the CD to a med mal attorney for evaluation. Good luck.

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Posted

I am not licensed in your state and can provide you only with general information. Getting an infection, more times than not, is not a deviation from the standard or care because of the development of super bugs and more antibiotics. Even with appropriate care a hospital acquired infection can occur. We lawyers like to focus on the delay in treating an infection which causes substantial damages. Because infections can do occur - providers should be on the lookout for them. Call a local lawyer and discuss your specific facts.

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Posted

Was this a nursing home or hospital?

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1 found this helpful

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1 comment

Asker

Posted

Thanks. This is a hospital.

Posted

Nosocomial infections acquired in hospitals are actionable and through careful analysis of JAMA statistics for that hospital and disclosure may be proven where there is a clear pattern shown. Hospitals, when it comes to infections, are filthy. Hospital outbreaks from aspergillus can be traced to construction on site in some cases, in other words, the environment is often a key factor. Your mother most likely had a weaken immune system which allow this fungi to take hold. Now, proving all this is difficult, because your attorney must gather proof and that may or may not be economically viable. So you should speak to those med mal attorneys who may express interest in this type of case and ask their opinions.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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3 comments

David B Pittman

David B Pittman

Posted

Great answer,

Asker

Posted

Thank you very much,

Lawrence A Friedman

Lawrence A Friedman

Posted

I agree this is a very good answer. Make sure you consult a med mal attorney not just any attorney.

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