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.
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.
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.
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