Enterobacter cloacae infection

[LLT]

What is the name of your state (only U.S. law)? OR

I had the first surgery on my left ankle 2 months ago. I had broken it and the Dr had placed several screws on the outside bone and had to use wires on the inside bone (meaning the part of the ankle that is close to the right ankle). My Dr. told me it was a difficult surgery it actually lasted 3 hrs longer than he thought. Post Op pain was pretty bad but was controlled for the most part with pain medication. A few weeks later I felt like I had a lump in my leg under the cast. I called the office the next day and my Dr was on vacation that week so I saw an associate. We discussed the lump and I explained that it had moved down to the ankle. He asked me if I wanted him to remove the cast and look at it. I told him yes please. After the cast was removed he looked at it and said that I probably had a low grade infection but my body would take care of it. Another cast was placed. I saw my surgeon a week later. During this time my ankle was killing me. The same area that was bothering me and that I had told his associate about. His MA removed the cast and the poor girls face went a little white and I looked down to see a chunk of tissue coming out of the incision area. It was granulation tisse. We removed it in the office and another cast was placed. During this time the only time I had antibiotics was the day of the surgery. The next time I saw the Dr we talked about going in and removing the wires that maybe that was why the area was not healing. So now it has been about two months since the original surgery. I had another surgery Oct 30th. During the surgery the Dr. removed some of the wire but he found dead bone. I was sent to an infectious disease Dr. when I came out of the anestisia. I was given an antibiotic thru my IV line. I was then scheduled to go in for a PICC line. I saw the infectious disease Dr the next day and they had cultured the swab the Surgeon had taken during the surgery had grown to show there was an infection but it would take a few days to know the exact kind. I was then put on what I can only call a pump that was attached to the PICC line that gave me antibiotics twice a day. I was also put on oral antibiotics. We now know that the infection is Enterobacter cloacae. From just doing a little internet surfing it sounds like it is an infection that could be caused from basically unsterile environments during treatment. I really like my surgen and his staff. My husbands uncle is actually good friends with the owner of the Surgical center and the practice that my Surgeon works. This not something I want to do unless it can be something that they had done wrong. I have been basiclly off work during this whole time and it is affecting my job security. I am a Dental Assistant and I can not do my job. My office had found work for me to do in the front office but I have been told my the Dr treating me for my infection that I may not be able to work for six weeks.
Is this a malpractice lawsuit?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[lealea1005]

The chance of infection at the surgical site was outlined as a risk in your informed consent.

[LLT]

I understand that but that does not mean they can do things wrong and it is still ok. I work as a Dental Assistant and we have patients sign consent forms all the time but if my Dr does something wrong or if our instraments are not clean and we cause harm that consent form does not cover that right?

[lya]

I doubt the infection came from the surgical procedure. It is considered a nosocomial infection (hospital acquired) but in patients whose hospital stays are two weeks or longer, include IV or PICC lines or other central IV lines, ICU care, and those patients with invasive procedures within 72 hours preceding the infection.

It could be a nosocomial infection as it developed after an invasive procedure, though it is most likely not the fault of the surgeon or surgical team.

The organism is opportunistic. Handwashing or the use of hand 'sterilizing' foams or gels are the standard of care required for reducing the risk of most nosocomial infections. Chances are, the infection developed in spite of care being rendered at the accepted level.

It could have been introduced through the skin at the time of the injury.

If I were screening this claim for an attorney, I would suggest a minimal investigation (meaning a quick look at the records by an expert). I would expect the attorney to investigate only if the "plaintiff" is willing to pay for the review.

To protect the statute of limitations and to learn the merits of the claim, I advise consulting with a medmal attorney at the OP's earliest convenience.