No. That is not the law in Alabama.
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Though I am from Pennsylvania, I am surprised I have not heard of the opinion you reference. I find it unusual that a court would say staph infections are per se the result of negligence. THis would be BIG NEWS. THese cases are very difficult since the patients must show the source of the infection and that it was due to some act or omission of the hospital. Infections are a major cause of re-admissions and drive up health care costs.
I think you may have some wrong information--though, personally I would agree with the idea!
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I agree that a court would never opine that something is or is not the standard of care. Or if this was done the opinion wouldn't likely stand long. The standard of care has to be established through expert testimony. Every expert I have ever come in contact with has said that it is impossible to eradicate staph infections becauseBUT is every where in our environment including on the skin. Stronger antibiotics have produced stronger bugs.
In answer to your original question, that is not the law in Alabama and I doubt you would be able to prove medical malpractice in a staph case.
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