Skip to main content

Staph Infection was misdiagnosed for 9 months by PCP. I was then hospitalized with full blown MRSA for a week.

Springfield, NJ |

For 9 months in 2010, my PCP misdiagnosed the boils I was coming to him for treatment. He never lanced or took biopsy or performed any tests. Every month, he would prescribe me Amoxicillan which just masked the problem. On 2/1/2011 , I then went to another doctor and showed him the pharmacy prescription printout showing each month for 9 months what the PCP prescribed along with my then blown up painful left side of my face and I was immediately admitted into JFK for 1 wk & diagnosed with full blown MRSA. I have scarring on my face in 3 places from this misdiagnoses and other ailments that I suffered as a result of the PCP's misdiagnoses. Would I have a case for malpractice?

+ Read More

Attorney answers 6


Yes, you have a potential case. You would need to discuss with an experienced medical negligence attorney, who can obtain and review the records. The extent of the scars and your other ailments will play a part in the determination of whether to pursue the case further.

Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


A local malpractice lawyer would need to order your medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

Only 29% Contingency Fee! Phone: 215-510-6755


It sounds like you have a potential med mal case. As long as your treatment has been recorded by your doctor. I would highly suggest talking to a med mal attorney that is licensed in New Jersey as soon as possible. Time is always of the essence in these types of matters. Make sure you seek out an attorney to protect your rights. Your county bar associations as well as this website. can always help you find an attorney.

Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.


I think accepted standards of care probably required him to culture something because obviously the infection was resistant to the bacteria that you were contending with if it lasted nine months. The question will be whether you have a financially viable medical malpractice case. You may, but I would need to know more about your damages to know for sure.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Skype: john_ratkowitz Web:


Even if there is malpractice [defined as a deviation from the standard of care] these cases cost a fortune to bring and are any viable if you are really harmed.

Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.


A PCP practices under a limited scope although they are exposed to all areas of medicine when they attend medical school, they have the ability to specialize by become Board Certified in a particular area. Your PCP should have referred you to a Board Certified Dermatologist. Additionally, prescribing any form of antibiotic for extended period was a Huge risk for developing a Super infection. The fact that he never explored the cause of you having developed these boils is another issue because MRSA is known to start as a boil. MRSA is also know to spread rapidly. Rule of thumb for skin Boils is NEVER to pop it or lance it: Skin boils need to drain, and most will burst and drain on their own. Sometimes a Board Certified Dermatologist will need to lance and drain the boil to allow it to heal. This is not a do-it-yourself skill nor is it a general practice of a PCP. If a Boil is "Lanced" and it is Done incorrectly or with contaminated tools, lancing will result in a bigger boil or a spreading infection.
I am very concerned that your PCP went beyond the scope of his usual day to day practice when he lanced your boils without conservative measure taken first like prescribing a topical antibiotic cream and keeping a dressing over the boil and then referring you to a Board Certified Dermatologist for follow up care. I am also concerned that your PCP may have potentially created a Bigger problem when he chose to "lance" the boil and without more information as to the sterility of the tools he may have used or without knowing if he did create a sterile field and did he isolate the area so as to conceal the drainage and be sure not to allow it to contaminate the other area of skin is all the things that a knowledgeable Medical malpractice lawyer would need to know and perhaps you have most, all, or some of those answers and additionally your medical records from that office procedure when he "lanced" the boils must state the technique he used while performing that office procedure. MRSA has several strains and all are troublesome and very painful and you also were exposed to an antibiotic for an extended period which can often kill off important bacteria and leave you at risk for other health issues.

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer