Q: Can I pursue a malpractice case due to infection after surgery and doctor relocation?
I underwent three surgeries, one of which resulted in an amputation due to a MRSA infection and sepsis. These complications arose after a mini procedure was performed on an open wound by a physician’s assistant at the doctor's office. Two days later, I was hospitalized with a severe infection. The original doctors have since left the practice, and I'm now under the care of a new doctor who took over their patients. I have medical records and attempted to contact the original doctors but learned they have gone their separate ways. Given that other doctors have suggested that the infections may have started with the first surgery, do I have a case for medical malpractice or any legal recourse?
A: No one can answer your question without more information. Lots of people get infections from proper procedures. Sometimes procedures are performed improperly, leading to infections. You will need to get a full set of your medical records (not the patient portal, but the full set), and ask a medical malpractice attorney to evaluate your possible case. That may require obtaining an opinion from a qualified doctor as to negligence and causation. You may be asked to contribute to the cost of that.
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A:
Yes, you may have legal grounds for a medical malpractice claim, depending on the specifics of your situation. Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in injury. If you can prove that the infection and complications were due to negligence during your surgery or the mini procedure performed by the physician's assistant, you could pursue a claim. The infection and amputation caused by MRSA and sepsis are serious complications that could be linked to errors or oversights during treatment.
However, the fact that the original doctors have left the practice may complicate things. Even though they are no longer available, you can still pursue a malpractice claim if their actions or inactions led to the infection. Your medical records are crucial in this case, especially if they indicate the infection could have been a result of the initial surgery. Other doctors’ opinions suggesting the infection may have started during the surgery could strengthen your case.
You should consult with a malpractice attorney who can assess the details of your situation. They can help determine if the care you received met the standard expected in similar medical circumstances, and if the negligence of the medical staff contributed to your injuries.
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