How do you pursue a malpractice case?

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How do you pursue a malpractice case?

My son had his circumcision the day after he was born and a week to the day later a staph infection appeared next to his genitalia. It had to be lanced open, drained and tested. It came back positive for MRSA which he will carry for life. He is 3 months old now and after his first set of shots another infection appeared. What can I do? What are my chances at winning the case and is there any info you can give me that will benefit me in pursuing this case?

Asked on July 29, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to consult with a malpractice attorney: not only the specific facts critical--and different for every case--but malpractice cases generally are highly complex. Therefore, there is no answer possible to your question of your chances of winning the case, without an in-depth consultation with an attorney.

That said, the single most important criteria to bear in mind is this: the fact that there was an infection does NOT, by itself, mean there was malpractice. Malpractice (literally "bad practice") means that the medical care provider (doctor, hospital, etc.) provided medical care that did not meet commonly accepted standards, whether due to carelessness, insufficient training, something causing incapacity (e.g. drunk), not having the right equipment, poor post-procedure care, etc. However, sometimes the doctors, etc. do everything right and a patient still gets a bad infection--medicine is an art, not a science. Therefore, if there is no fault on the part of the doctors, etc., there would be no liability and no recovery.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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