What to do if during my stay in a hospital, I contracted MRSA?

UPDATED: Mar 7, 2013

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What to do if during my stay in a hospital, I contracted MRSA?

I also was given an overdose of Vancomaisan, which resulted in kidney failure and VRE that put me in a coma for 3 days. Now there is signs of kidney damage and I will always have MRSA and VRE. Can something be done?

Asked on March 7, 2013 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may have one or more claims for malpractice. Malpractice is when a patient is injured by medical care that is negligent or careless--that is, that does not meet currently accepted standards of care. Note that if the care provider did everything normally expected and was reasonably careful, the fact of a bad outcome for  the patient does not mean there was malpractice--the law accepts that sometimes the doctor, hospital, etc. does everything right, but still the patient is injured. However, if there was carelessness, then they may well be malpractice.

So overdoising you on a drug may well have been careless, and so malpractice; if so, you could potentially recover for the injury (e.g. kidney damage) and medical costs that caused.

And if you contracted MRSA due to hospital carelessness (e.g. lack of hygienic/sanitary/sterile conditions), you may have a claim for that, too.

You should meet with a medical malpractice attorney to discuss your situation in detail; good luck.

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