Is this malpractice?

[David Ford]

We live in Ohio and my wife is only 52 years old, other than a weak heart which runs in the family, her health is excellent. In September my wife had to have open heart surgery. A week and a half later infection started pouring from the incision. She was admitted to the hospital for two days, and two stiches were removed. She was told that she had developed a staph infection. She then had an open wound that required home health twice a day. Two weeks later, the wound still had not healed and her breast bone was grinding. The surgeon recommended that a second surgery be performed. The breast bone had to be rewired and the open wound was then closed. She was in the hospital 10 days and was discarged on IV's for another 4 weeks. Do we have a case against the hospital or the surgeon for the staph infection contracted in the hospital or for the second surgery which would not have been necessary had it not been for the staph infection.

 

[PamSJS]

Mr. Ford;

Although it would be difficult, yes, you probably could bring a claim against the hospital, (not the doctor). Hospital acquired infections are quite common, but usually not quite this serious. There are several things you would need to do:

1) Get copies of all of your wifes medical records, including hospital, physicians office, home health, etc.

2) Contact the hospital licensing authority in your state, usually within the Department of Human Resources or Human Services. File a formal complaint and an investigation will be done.

3) Contact a medical malpractice attorney who specializes in post operative complications.

Best of luck and wishing your wife a speedy recovery!

Pam