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Staph infection liability amount

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imelo40

Junior Member
What is the name of your state?What is the name of your state? Arkansas

I had a hysterectomy the first part of Feb. I went home late on a Thursday evening (10:30p.m.). We knew when I left the hospital that the area around the incision was broke out to a certain extent, they thought maybe it was from the tape. By Monday morning I was back in the doctors office with a very severe infection, the area around the incision was already turning black in some areas. I was sent directly to the wound clinic and started on hyperbaric treatment and a culture was taken. It turned out to be staph, and on Wednesday, 2 weeks after the hysterectomy I went in for debrieding. The area was much larger than the doctor had expected and I was kept overnight. I ended up with an area 11' long, 3 inches wide and 4 inches deep. The doctor said if they had not treated it when they did, I would be dead. Anyway, I have talked with the Hospital CEO and asked for some financial help. They have agreed and want an amount. I had told them that my out of pocket expenses were just too much. They had wanted home health to come to my home 2-3 days a week and change the dressing. They have also put a wound vac on it. I need to know what kind of figure to give them. I do not want to sue and get rich off of this, but I feel I deserve some compensation. I have to drive 60 miles round trip for hyperbaric treatment 5 days a week, and there was no home health that my insurance would cover in the area where I live so they have trained a friend of mind to do the home changes, and she has lost time at work learning how to do it. I would like to repay her somehow too. Bills have exceeded $35,000.00 so far and treatment continues. How much is too much to ask for. My family says to ask for $50,000. Is that too much. Am I being to greedy. I sure need some answers. :confused:
 


vrzirn

Senior Member
I wouls wait until I was all healed before assigning a number to this. Moreover, I would be sure to document every bill and charge. I would definitely discus this with an attorney and have him negotiate for you.It is dangerous for you to be out there alone.
 

imelo40

Junior Member
I have spoke with an attorney and he said if they played a part in it they would go after several $100,000 and that is not what I want to do. I don't know of any attorney that would help without charging a large amount.
 

panzertanker

Senior Member
imelo40 said:
I have spoke with an attorney and he said if they played a part in it they would go after several $100,000 and that is not what I want to do. I don't know of any attorney that would help without charging a large amount.
The long term ramifications from this type of infection are unclear right now. You may be figuratively shooting yourself in the foot by NOT seeking counsel.

You were damaged, you seem to have a case, go with a professional to ensure you are taken care of. It is admirable to not want to go after "the money", however you must ensure your medical needs are taken care of. Settling for 50K now may seem like the thing to do, but you will then be responsible for any future bills. With only enough to cover what your bills are now.....
You get my point.

Good Luck.
 

rmet4nzkx

Senior Member
While you may want to avoid the legal system or don't want people to think badly of you if you were to sue re your injuries, like Panzertanker said, at this point you don't know the long term consequences of this infection. A settlement offer today may seem like a lot but it may never come close to the amount of care you will need. Truth is You need to consult, to find out your options from a more objective person, which is why you came here, but you need advice from someone in your area as well because they have knowledge and we simply can't devine here on an internet site. Another truth is while Johnnie Cochran was famous for saying "If the glove don't fit, you must Aquit!" He also was known to comment, about the American justice and legal systems, “The color of justice is green”. No one will think badly if you consult with a med-mal attorney to evaluate your case based on your facts and what might be expected in your area.
 

imelo40

Junior Member
Thank you all for your opinions and advice. It is well taken. I will seek counsel. By the way, just found out the staph, after 2 months, is still there.
 

panzertanker

Senior Member
imelo40 said:
Thank you all for your opinions and advice. It is well taken. I will seek counsel. By the way, just found out the staph, after 2 months, is still there.
I am glad you are seeking counsel. Staph infections can be very hard to clear up, so I am not surprised you still have one. All the more reason to ensure that your future medical needs can be met.
Good luck and keep us posted.
 

imelo40

Junior Member
More advice please

I just had to go through another debriedment and am now on intrav. IV antibiotics. I have had to get a picc line put in and hook myself up to the antibiotics twice a day. I will have to have this for at least 4 weeks. Also, I got a copy of my records but they did not give me a copy of any of the lab reports. Can I request a copy of them or not. The records I did receive stated that I had gangrene when they did the first debriedment, is this just the same as ARSA staph. And, should I go ahead and get an attorney even though I am still recieving treatment because the wound has not healed yet. This has been going on now for just over 2 months. What should I do if I do have a case against the hospital/doctor?????? :mad:
 

rmet4nzkx

Senior Member
Contact the doctors office again re the labs, they possibly just forgot to copy them or you can contact the lab directly, I always ask for copies of labs when I get them, all you have to do is sign a release and they should send them. YOu should be able to call the lab on a Saturday.
 

panzertanker

Senior Member
imelo40 said:
I just had to go through another debriedment and am now on intrav. IV antibiotics. I have had to get a picc line put in and hook myself up to the antibiotics twice a day. I will have to have this for at least 4 weeks. Also, I got a copy of my records but they did not give me a copy of any of the lab reports. Can I request a copy of them or not. The records I did receive stated that I had gangrene when they did the first debriedment, is this just the same as ARSA staph. And, should I go ahead and get an attorney even though I am still recieving treatment because the wound has not healed yet. This has been going on now for just over 2 months. What should I do if I do have a case against the hospital/doctor?????? :mad:
YES, contact an attorney who specializes in med/mal practice. The sooner you start to gather evidence the better. Do as rmet says and get the copies of your labs.

MRSA is:
Methicillin
Resistant
Staph
Aureus

Unfortunately a very common nosocomial infection in hospitals........
 

barry1817

Senior Member
staph infection

There may be very specific codes for minimal levels of infection control when treating a patient. If those levels were not met, and a case can be made in black and white, your case gets much stronger.

I worked on a dental case where the patient suffered a major infection after treatment. A law firm took the case and dropped it, citing they couldn't prove the treatment caused the infection, which is difficult to do.

I worked with her new lawyer and we showed that the dentist failed to follow minimum standards of infection control as mandated in professional codes, and the case settled quickly and for a large sum.

This is an area that can be missed, and could be beneficial to look into.

[email protected]

for specifics on how this case went feel free to contact me directly
 

imelo40

Junior Member
Are there attorneys that will take a case without a retainer fee. I intend on seeking legal advice as soon as possible. I have only spoke with one so far and he wanted money to take my case? :confused:
 

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