No. That is not the law in Alabama.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
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!
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
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.
Alabama law requires that I inform you that no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Sign up to receive a 3-part series of useful information and advice about personal injury law.