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Finances & Money

What To Do About A Staph Infection After Surgery: How To Win A Medical Malpractice Suit

April 29, 2019
By Susan Paige
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Every year, 1.2 million patients in the United States develop staph infections (also known as MRSA).

Staph infections are very common. In fact, they make up approximately 20 percent of all hospital infections.

Have you been diagnosed with a staph infection?

If you’re dealing with a staph infection after surgery, you might be entitled to compensation from the hospital.

Read on to learn more about how to handle this situation and go about filing a medical malpractice lawsuit.

Signs of a Staph Infection After Surgery

Before you start looking into finding a law firm to handle your case, it’s important to make sure you are, in fact, dealing with a staph infection.

The following are some of the most well-known symptoms of a staph infection:

  • Red bumps that resemble boils, pimples, or spider bites
  • Painful abscesses that require surgical drainage
  • Fever
  • Profuse sweating or chills
  • Swelling at the site of the infection

The bacteria responsible for staph infections often cause infections in surgical wounds. If it goes untreated for too long, it can enter the bloodstream and even the bones.

Causes of Staph Infection

Staph bacteria can survive extreme conditions and are often present in hospitals, despite rigorous sanitation attempts. Anyone can develop a staph infection, but some people are more vulnerable than others.

The following people are most likely to develop a staph infection while in the hospital:

  • Those with weakened immune systems
  • Burn victims
  • Those who have undergone surgery
  • Those who are connected to medical tubing (dialysis tubing, catheters, feeding tubes, etc.)

People who are suffering from skin damage or skin conditions (abrasions, eczema, etc.) are also more prone to staph infection than others.

Should You File a Medical Malpractice Suit?

Are you experiencing symptoms of a staph infection? If so, you might be wondering whether or not it’s a good idea for you to file a medical malpractice lawsuit.

Before you invest a lot of time and money into filing a lawsuit, there are a few factors you ought to consider, including the following:

  • You must be able to prove that a doctor-patient relationship existed (i.e., you were treated by a doctor or surgeon)
  • You must be able to prove that the surgeon was negligent in some way
  • You must be able to prove that the negligence caused the infection
  • You must provide evidence that specific damages occurred because of the infection

If you believe you can check all these boxes, it may be worth your time, money, and energy to move forward with a malpractice lawsuit.

How to File a Medical Malpractice Suit

If you think you have a case and are interested in suing a surgeon for negligence, you’ll need to follow a very specific protocol.

The following are the steps you’ll need to take in order to file a medical malpractice suit and have a chance of winning your case:

Hire a Lawyer

The first thing you ought to do if you’re considering filing a medical malpractice lawsuit is to hire a lawyer.

Look for a lawyer who specializes in medical malpractice lawsuits. The more specialized knowledge they have, the better off you’ll be and the greater the chance you’ll have of receiving the compensation you deserve. You can always look for a Worcester medical malpractice attorney or Framingham medical malpractice lawyers, whichever is available in your area.

Contact Your Surgeon

Once you’ve secured a lawyer’s services, the next step is to contact your surgeon.

Reach out them and let them know that you’re planning to pursue a lawsuit. Often, to avoid a lawsuit, surgeons are willing to take steps to correct the issue, such as administering free services.

Contact them before you file a claim and give them an opportunity to correct the situation.

Contact the Licensing Board

If you do decide to move forward with your lawsuit after contacting your surgeon, you’ll need to contact the licensing board in your state next.

The licensing board cannot require the surgeon to do anything.

They can issue warnings, though, and take disciplinary steps, though. They can also provide additional guidance on how you ought to proceed with your case.

File Your Claim on Time

If you plan to file a medical malpractice claim, you need to make sure you file it on time. Often, you need to file within a specific period of time in order for your claim to be valid.

Your lawyer should know how long you have to file and ought to make sure you get everything filled out and filed on time.

Get a Medical Assessment

You’ll likely need to undergo a medical assessment when you file your claim.

This assessment will verify that you are, in fact, suffering from a staph infection.

It’ll also provide evidence of the severity of your condition and any other symptoms you may be experiencing as a result of the surgeon’s negligence.

Keep Copies of Your Medical Records

Be sure to hang on to all medical records related to your situation.

Keep your medical bills, as well as statements from the doctors and nurses who care for you. The more information you have related to your condition and your cases, the easier it will be to get the compensation you deserve.

Consider Settling Out of Court

Finally, you may want to consider settling out of court. Often, hospitals want to settle out of court to avoid negative press.

You may be able to get the compensation you need if you agree to a settlement, and you’ll be able to avoid the stress of an ongoing lawsuit.

Learn More About Hiring a Lawyer Today

Now that you know more about staph infections and what to do if you’ve developed a staph infection after surgery, do you think you ought to file a lawsuit?

If you’re interested in filing a medical malpractice lawsuit, be sure to keep this information in mind to increase your chances of having a positive outcome.

Do you want to learn more about hiring a lawyer to handle your case?

If so, be sure to check out this article today. It’ll teach you everything you need to know about finding a good law firm and a good lawyer to represent you.

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