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 12 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.
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