Post operative infection
9 attorney answers
You must have two things for a malpractice claim: substandard care and damages. Everyone does heal differently and if there were no signs or symptoms of infection at the time that you were seen there is likely no deviation from the standard of care. If you are diabetic or a smoker it can take longer for you to heal. Patients get staph infections even with care that meets the industry standard. However, the failure to diagnose or treat an infection can be actionable. But again, the key is whether there were signs and symptoms which should have been acted upon.
Your case is not about getting an infection in a hospital - that is, in most cases, standard risk. Your case is about a failure to promptly and adequately treat the infection, once the symptoms appeared. I work with excellent medical malpractice attorneys in Florida who would be well qualified to review your case.
Infection cases tough, but your records can be ordered by a local Smyrna lawyer who can send them to an expert to ascertain whether there was a breach of the standard of care.
Although you phrased your inquiry as a malpractice case, it appears you could benefit from a consultation with an employment law attorney as well. I have concerns re your comment that your position at your job has been eliminated. It could just be the manner in which you phrased this comment, and perhaps all was done properly, but it could not hurt to have such issues reviewed if you were perhaps wrongfully terminated by having your position eliminated because you were temporarily disabled.
Most obviously we do not have enough information to make any such determination and perhaps the facts will warrant there is nothing out there to be reviewed, but it did not sound correct to me as phrased.
No communication here is intended to establish an attorney-client relationship. All responses provided are entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice.
Thank you for your inquiry. As others have responded, infection cases are very difficult to prove because there are so many variables. Further, since the result was not catastrophic (i.e. Death or loss of limb), it will be hard for you to find an attorney willing to investigate the claim. Nevertheless, if you are going to seek representation, you should be prepared. In that regard, you should gather all of the pertinent medical records in order to present them to any attorney willing to investigate your claim. Many attorneys will become disinterested if they have to spend their time and money chasing medical records on what is (no offense intended) a questionable claim. Make sure to seek out an attorney experienced in medical negligence matters. Good luck.
I agree the previous answers. The best thing to do is take your medical records to an experienced medical malpractice attorney. That attorney will be able to provide you with guidance regarding your specific facts. If it appears there is an injury that was caused by the doctor, and the injury is severe enough to justify hiring the medical experts necessary to get the case off the ground, that attorney will have a consultant review the case further to determine whether or not there was a deviation in the standard of care.
This response is intended to be general and based only on the limited facts that you have provided as well as my reasonable assumptions regarding the facts in your case. The only way I can provide legal advice regarding your situation is to understand it more fully. This may require a full investigation and many hours of legal research. In no way does this answer establish an attorney-client relationship. Every claim must be filed within a certain period of time and failing to hire a lawyer before that time frame will forever prevent you from filing a claim. This response is not intended to and has not formed an attorney-client relationship. If you are confused about any of these questions or wish to rely on any of them, please contact my office so I can provide as much information as possible. The primary purpose of this post is to provide general knowledge regarding the question at hand and most importantly to remind you that having a consultation with an attorney in person is the very least thing you should do to protect your rights.
As indicated above, post surgical infection cases are difficult to prove. Your records must be reviewed by a qualified expert who will look to see if there was a deviation in the standard of care by the practitioner, whether the infection could have been prevented, or even if treating it when your wife first suspected it could have even changed the outcome. As already suggested, I would gather all pertinent records and contact a medical malpractice attorney for a free consultation. Good luck.
These post-surgery infection cases are notoriously difficult. The only way anyone can answer your question is to review your medical records and then have them sent to a medical expert. I would search for a local medical malpractice attorney in your area (you can use Avvo) and set up a consultation, which should be free. In the mean time, you can gather the pertinent medical records if you want (can make the review by the attorney quicker). Good luck!
Sign up to receive a 3-part series of useful information and advice about personal injury law.