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MRSA Lawsuits

November 27, 2011
by Jude White
compensation, infection, lawsuit, lawyer, mrsa, mrsa lawsuits, reasons
1 Comment

Methicillin-resistant Staphylococcus aureus (MRSA) is a serious staph infection that is resistant to some antibiotics. There are established safety regulations and recommendations that healthcare facilities are expected to follow to prevent the spread of it.

When these facilities and their employees do not follow established guidelines, they can be held responsible for an infection or outbreak. Negligence can result in a serious infection, disability, or even death, which can lead to a MRSA lawsuit being filed.

Perspective

When a person gets seriously ill, disabled, or dies, it is common to feel anger and want someone to be responsible. Sometime there is no way to trace a MRSA bacteria infection to a specific person or act of neglect. Don’t let your anger and hurt affect the decision of pursuing a MRSA lawsuit. If you set aside your feelings and still feel that there has been neglect or disregard for established safety and sanitizing guideline compliance, then you should pursue a lawsuit. Not only will there be compensation for injury and suffering from this infection, it will help prevent others from becoming infected. Facilities are less likely to skip established safety guidelines when they are held accountable and know there are serious consequences.

Lawsuit Reasons

When a MRSA infection could have been prevented and causes injury, loss, disability, death, or other serious results, it is a good reason to consider filing a lawsuit. The reasons that people and facilities have lawsuits filed against them include the following:

  • Contaminated instruments being used
  • Caregivers, physicians, nurses, or others not sanitizing between patients
  • Shared surfaces not being cleaned properly
  • Direct contact with a patient who is known to have MRSA
  • Uncovered infected wounds
  • MRSA warning not properly posted
  • Lack of MRSA colonization testing in crowded facilities
  • Untreated open wounds, abrasions, or rashes

Seeking A Lawyer

When there is a possibility that a MRSA infection could have been prevented and was acquired due to negligence, a patient may seek out the services of a lawyer. Most lawyers will have a free consultation and be able to tell you what your chances are of winning a case against an individual or facility that may have not taken proper precautions to prevent the spread of it. Be cautious of a lawyer that will need a large retainer or a lot of money up front, it may mean that he or she is not confident that they can win the case. It would be more common for an injury or malpractice lawyer to take a portion of the settlement, which would mean that they are confident that they can win the case. Shop around when looking for a lawyer and try to find one locally that has experience with MRSA lawsuits.

Lawsuits And Compensation

When a lawsuit is filed, a lawyer will gather evidence that there was negligence and find out who is responsible for it. A lawyer will seek compensation for the following:

  • Medical expenses
  • Loss of past and future wages
  • Emotional pain and suffering
  • Affect on family

When the infection leads to a disability or death, a lawyer will ask for additional compensation to be paid to the victims.

Commonly MRSA lawsuits are settled out of court but some will go to court, so it is important to have all related documentation that will be necessary to prove negligence.

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One Comment
  1. Julie McNabb May 3, 2013 at 8:51 pm Reply

    I caught MRSA in one hospital, they sent me home after 5 days, and I had blood transfusions, they did not know why antibiotics wouldn.t work on me. I was home like 2 days, and I died, my son got me to Jewish hospital, I was in ICU for 3to4 weeks. My son went to check on me and I was dead when they got me, I was put on a respirator, and they had me in a coma. My lungs had completely shut down. I have no memory of it. They told my son they had to find out what was killing me. When the other hospital had sent me home, I had caught MRSA, and Pneumonia. They sent me home with that. when I finally came to, I didn’t know who or where I was. My legs, and feet were huge, I couldn’t move at all. I did not know who I was, or where I was. They fed me through a tube in my neck. They had to teach me to re-talk, re-walk, who I was etc. I finally went through intense physical therapy, speech therapy, occupational therapy. I have now heart damage from it, and am on heart meds, and more. Can I do anything at all. I am going through the trauma of this badly.

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