My husband had a hip replacement in August at Sonora Regional Medical Center. 3 weeks later he developed an infection (did not involve the joint) and had to return to the hospital for a second surgey. Three weeks later he developed a second infection now involving the joint. He had to have a third surgey. He lost his job due to extends illness. It causes many other hardships in our family.
You need to have a medical malpractice attorney review your husband's medical records and determine if the medical provider's conduct fell below the standard of care.
Unfortunately many hospital borne infections are not the result of substandard care. Even when they are these are very difficult cases because with the use of so many antibiotics there are many bugs that have become resistant and so infections can occur even when appropriate infection control is utilized. If you are in doubt- contact a local lawyer who can review the records and give you a complete evaluation.
You need to consult with a medical malpractice attorney in your area to review the case.
Infections typically are known risks incident to surgical procedures, but a local malpractice lawyer can order he records to investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
What you have described is not necessarily the result of medical malpractice. You should consult with a medical malpractice lawyer in your area in any event.
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Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best in their field... They are held to the standard of care for their community and peers.
The California legislature has made the legal procedures and rules for medical malpractice cases different from other areas, and done so with a purpose - that purpose being protection of doctors... and while there are many who see protecting doctors as a bad thing, it is not in and of itself really so... some doctors should be protected while others should not get the extra legal shield afforded by the law. Physicians provide an extremely valuable services to the public and one that requires an enormous amount of skill and brain power to provide correctly - all in a field which is not black and white science but science and art combined - lives are at stake, opinions vary, advancements in science abound, no two patients are alike, etc.
In addition, medical malpractice cases are extremely expensive and difficult to bring (properly, that is... anyone can slam together an unintelligible complaint and pay the filing fee). To make a suit "worth it," there needs to be significant damages - and damages that would not have occurred otherwise. As a generalized example, a one month delay in treatment, that is just as effective one month later as it would have been earlier is not going to provide significant damages.
With regard to POST OP INFECTIONS, such are probably the most common of the acceptable bad outcomes... unless it can be proven that the surgeon dropped the scalpel on the floor, kicked it to the scrub tech who kicked it to the x-ray tech who then picked it up and did a behind the back toss to the surgeon who then blew the floor dust off and cut the patient, it will be quite difficult to show that the infection happened as a result of negligence. My firm almost never takes such cases, but there are some attorneys who jump at the chance to take them... so...
Ignoring all of my above post, anyone who even thinks he or she has a medical malpractice case should immediately consult one on one with an experienced medical malpractice attorney. Most of us offer free consultations, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
* Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. *** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
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