Staphylococcus aureus ("Staph") bacteria lives on the skin. Despite all the best efforts of the medical industry, any invasive surgery can result in an incisional infection. It's an accepted risk of any surgery, particularly a plastic surgery. It can happen any time in the days following the procedure. I do not think you would have a viable legal claim because the infection can't be shown to be the result of a doctor's error as opposed to a simple natural occurrence.
These are very difficult cases to prevail in due to the occurrence of the infections not being traceable to an actual mistake or negligence by the doctor or hospital. You can consult a medial malpractice lawyer in your area for a case review to be sure.
I contracted MRSA myself several years ago when a dermatologist removed something from my back. I spent about a week in the hospital on IV antibiotics, but eventually had a good recovery.
Since I actually handle some medical malpractice cases, I looked into the potential of the case for myself AND DECIDED AGAINST IT. First, as already discussed by my colleagues, it would be difficult to prove that the Dr. did anything wrong to cause the MRSA. Second, infections are a known risk of surgeries. Third, medical malpractice cases are very expensive. I am talking about tens of thousands of dollars or more to take a case to trial. Believe me when I tell you I understand your situation. It doesn't sound like your doctor is a real nice person. That could make you more angry, depressed, anxious, and a bunch of other negative emotions. Personally, I would try and get beyond this and drop the matter. Just to be clear, I'm not telling you to drop this. I'm just telling you what I would do. If you wish, you should consult with a local medical malpractice attorney. By that, I mean somebody who has a lot of experience in this area. Consultations are usually free, and if the lawyer agrees to take the case, the usually handle cases on a contingency basis. I do emphasize that you should contact somebody with a lot of medical malpractice experience.
Being a smoker slows up the healing process, but is not necessarily a risk factor for infection. Unless you can show the surgeon did something wrong, infection cases against the doctor are very difficult. I usually don't take them even against the hospital unless I have found numerous other infection cases against the same hospital.
I am not familiar with Pennsylvania laws, but some states have databases on current and past litigation, and it may be worthwhile to look into that from your perspective, since most attorneys, including myself don't take infection cases, because it is an inherent risk anytime you go to a hospital.
If someone does come in with research that a particular hospital has been sued or cited for problems with infection, I do give those a much closer look.
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