If my son had to get tubes in his ears and his adnoids removed and then just days after his surgery he ended up with a staph infection, is there anything I can do about this?

The infection was in his throat.

Asked on November 14, 2012 under Malpractice Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a practial matter, they may be nothing you can do about this:

1) First, you'd have to establish liability: that is, that the doctor or surgeon did something careless in how he was treated. That's not necessarily the case, but even if it was, you would have to hire a medical expert witness to prove this--and such witnesses are very expensive.

2) Even if you could establish liability, you can only recover in a case like that for the actual medical costs to treat the staph infection (not the costs of your medical expert witness) and *possibly* pain and suffering if the infection causes prolonged disability, disfigurement, or suffering--in short, you likely cannot recover enough money to make a malpractice case worthwhile.

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