What are our rights if my husband had rotator cuff surgery 4 years ago which resulted in hospital acquired MRSA?

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What are our rights if my husband had rotator cuff surgery 4 years ago which resulted in hospital acquired MRSA?

The CDC monitored his treatment plan as he required surgery to remove the MRSA. We were told at that time we would not be responsible for the second surgery but are now being hounded by a collection agency for $15,000. What are our legal options to sue the hospital and doctor for MRSA and now possible Sepsis of the brain. My husband’s memory has been affected ever since. If our statute of limitation has passed, how can we turn this charge over to the hospital?

Asked on December 18, 2014 under Malpractice Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If there was a written agreement to not charge or bill you for the second surgery, that agreement would be enforceable as a contract. Even if you don't have a formal agreement, if you have correspondence, emails, etc. evidencing such an agreement, you may be able to enforce it.

2) If the hospital or its doctors were neligent (unreasonably carelessless) in how they performed the procedure, in hygiene, and/or in infection control, and that's what resuled in the MRSA, you could potentially sue them to recover medical costs, pain and suffering compensation, and other out-of-pocket costs from the infection.

3) If the statute of limitations has passed however, it now too late to sue or take other legal action, such as for them giving your husband MRSA. There would likely be no way to "turn the charge over" to the hospital if the SOL has expired.


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