My husband had back surgery for a herniated disc with fragments 4 weeks ago. He was doing fine until one day, he was feverish and had chills.. he said his back felt funny and when i looked at it, it was draining fluid, we immediately took him to the ER where they admitted him . By that point he was vomitting and very very sick. They immiediately put him on an IV antibiotic which made him sicker. They called in a group of Infectious Disease Doctors and after running various tests they advised us that he had a staph infection. He was in the hospital for 10 days.. by day 3, they had to reopen the incision and "clean" it out and hope they were able to get most of the infection. Day 4 and 5 show him draining still, however they did not put draining tube in. so, they said they had to go in again and reopen the back and clean out the area again. This time they put a draining tube in and had kept him on an antibiotic Nafacil ... He is home now, but in alot of pain, he is on vicadan and an IV Antibiotic 24/7 that is ran thru a pickline in his arm, he has a nurse that comes to the house 2 times a week.. My question is can we file a claim (legal ) with the hospital ... He didn't have staph prior to the surgery, and i want to why he contracted it in the first place.. They say, diabetics sometimes under the right conditions are more septable to contract staph.. However, i find that to be used as a crutch.. Many many diabetics have surgery every day and don't come out with a staph infection.. I feel the hospital, which already has a record of staph infections should be liable. someone didn't follow the procedures and maybe the o.r. wasn't as "clean" as it should of been. Any help would be greatly appreciated.. My husband has been suffering for too long, and has 6 weeks of IV at home now he can't work.