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Staph doesn't occur without the absence of negligence?

Huntsville, AL |

ny supreme court ruled this to be true making healthcare facilities accountable for staph infections. is this true in Alabama or can dr's who refuse to wash their hands can cause injury to innocent patients and nothing is done about it?

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Attorney answers 8

Best Answer
Posted

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.

Asker

Posted

thank you for the best answer. that is not the law in Alabama! nor should it be.

Posted

I am confused about what legal question you are asking. Did someone you know contract staph?

Asker

Posted

yes sir I did

Posted

I never knew that the NY Supreme Court made that finding....would you let me know the name of the case?

Asker

Posted

it's on the RID (ridding infectious diseases) website

Allan Zelikovic

Allan Zelikovic

Posted

send me the link

Asker

Posted

tried didn't work so try to copy and paste www.hospitalinfection.org/nextasbestos.shtml

Allan Zelikovic

Allan Zelikovic

Posted

I believe that the following statement is what led you to conclude that NY Courts have reached this conclusion. Unfortunately the court dismissed the case and found for the defendant. The upshot of this article is that one day the court will recognize that hospitals can control infections if they want to and that will shift the burden of proof. "A rapidly growing body of new evidence shows that almost all hospital infections are preventable if hospital staff are trained in the correct procedures and required to follow them. Had the plaintiff in Hoffman v. Pelletier et al (6 A.D. 889, 775 N.Y.S. 2d. 397, 2004 N.Y. App. Div) presented such evidence, the trial court probably would not have granted summary judgment for the defendants".

Posted

What is the citation?

Asker

Posted

www.hospitalinfection.org/nextasbestos.shtml

Posted

I only wish that was the law in NY. Infection cases are very difficult to prove even though most infections are probably due to failure to follow proper protocol.

Asker

Posted

it was on the RID (ridding infectious diseases) website the article also mentioned every lawyer learns in law school about the merchant who left the flower pot on the window sill. It reasoned that not washing hands was most likely to result in a staph infection and 52% of the time doctors were found not to wash their hands

Asker

Posted

www.hospitalinfection.org/nextasbestos.shtml

Posted

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.

Asker

Posted

www.hospitalinfection.org/nextasbestos.shtml

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Thank you for citing your source. Interesting article but the court's opinion did not actually say that the presence of an infection makes the hospital per se negligent.

Asker

Posted

true but close enough and sounds like getting closer let my case help further the cause

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

I believe it is helpful. Thank you!

Posted

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.

Asker

Posted

I posted an article from the rid website you are welcome to read it. staph is preventable. the bugs on our skin are not the bugs that injure or kill us like the one that infected me or we would all drop dead in the er ambulance or the trip to the er staph is preventable with the proper protocols being followed

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

Some staph infections are preventable. What I said was that it is impossible to eradicate it.

Posted

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.

Asker

Posted

if it is true that most infections are probably due to failure to follow proper protocol as is noted by some of your esteemed colleagues on this site then why is ALABAMA so hard to prove in a staph case? Well, we know why but how many people must be severely injured like myself or die like others have before we no longer accept it as the final answer. Dr's should not be able to injure patients free and clear because Alabama says so. Dr's should wash their hands or suffer the consequences just like their victims are having to do. Really, hand washing is what this about? You can finish med school but can't wash your hands and the supreme court agrees that that's ok?

Cameron Lee Hogan

Cameron Lee Hogan

Posted

I'm not arguing that what you are saying is incorrect, I am just letting you know the status of the law in Alabama. The reality is that medical malpractice cases are extremely difficult to win and many more winnable cases are too cost prohibitive to pursue due to the high evidentiary burdens placed on plaintiffs. I don't like it any more than you do.

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