Can I sue hospital for getting MRSA in my blood during an inpatient stay?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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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