Can I sue hospital for getting MRSA in my blood during an inpatient stay?
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Can I sue hospital for getting MRSA in my blood during an inpatient stay?
I was hospitized on January 30th-February 2nd for gout, UTI, and radh all over my body. On February 21st I had a high fever, chills, dizziness, rash all over my body so I wrnt to ER at same hospital I was hospitized a couple weeks prior. This time they admitted me for 6 days and said that my blood work showed I have MRSA in my blood. This has altered my life. I post my job. I am on IV antibiotic twice a day at home for MRSA. Worst thing is they say it never goes away once in your blood it can lay
dormant for months or years though. If I didn’t have MRSA at first inpatient stay but 3 weeks later I have it in my blood I know I had to get it from the hospital. Can I sue?
Asked on March 5, 2018 under Malpractice Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have the burden of proof of proving that you got MRSA from the hospital.
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the hospital, it may be possible to settle the case with the hospital's malpractice insurance carrier.
When you reach a point in your medical treatment where the doctor declares you to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the hospital's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your lawsuit against the hospital must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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