Pembroke Pines, FL asked in Medical Malpractice and Personal Injury for Florida

Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to repeat the labs, ignoring the infection, and the risks. After 1 long painful year, an abscess formed, developing pus. The patient’s original doctor finally decided to do a debridement. Today, the patient is on a long road of recovery, lost quality of life, reduced lifestyle, disfigurement, chronic pain, and long-term medications.

2 Lawyer Answers

A: While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread of the infection. Whether you have a case or not may also come down to "causation" -- i.e., whether the ultimate injury could have been avoided had the original doctor acted appropriately and within the standard of care. This is usually a headlining defense in most medical malpractice cases involving infectious disease issues, such as the one you describe. You should definitely contact an experienced medical malpractice lawyer in your area as soon as possible, and they can review all the records and provide you with more insight into whether you have a medical malpractice case.

Tim Akpinar agrees with this answer

Anthonia Imudia
PREMIUM
Answered

A: The legal implications of a doctor ignoring a recommendation to repeat a laboratory test for MRSA after a patient's surgery and waiting a year to debride the wound, resulting in disfigurement and chronic pain, can be significant under Florida law. This scenario likely constitutes medical malpractice, which requires proving that the healthcare provider breached the prevailing professional standard of care and that this breach proximately caused the patient's injuries. Hence, a thorough review of your medical records by an experienced medical malpractice attorney in collaboration with a medical expert in infectious disease and clinical oversight is highly recommended. Also, be aware of the statute of limitations defense that may come up if the process is not timely followed.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.