MRSA undiagnosed for over 2 years

[3junebugs]

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

My cousin is 33 and had a emergency c-section because of having HELLP. Her health never got to 100% and her c-section wound never would stay closed. The surgery was done in NJ but she lives in PA so she followed up in PA. Due to her injury and pain, she couldn't go back to work and lost her ins. Without going into too much detail she doesn't qualify for Medicare.

She used her local hospital ER for pain management and care. They told her it was endometriosis. Not once did they culture her wound. They just would give her narcs and sent her on her way. It's now to the point she is pretty much incapable of doing anything without being in severe pain. Driving is extremely difficult.

So last week she decided to go back to NJ to see the doc that did the surgery. That doctor IMMEDIATLY said this isn't endometriosis but suspected it to be MRSA. So he cultured her and she got the results today. And it is indeed MRSA.

Does she have any legal recourse against the hospital? Should they have done a culture? She has been going to this ER for almost two years with an open unhealing wound and they always told her it was endo. She trusted that's what it was and couldn't and still can't afford to seek medical care.What is the name of your state (only U.S. law)?

 

[CSO286]

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

My cousin is 33 and had a emergency c-section because of having HELLP. Her health never got to 100% and her c-section wound never would stay closed. The surgery was done in NJ but she lives in PA so she followed up in PA. Due to her injury and pain, she couldn't go back to work and lost her ins. Without going into too much detail she doesn't qualify for Medicare.

She used her local hospital ER for pain management and care. They told her it was endometriosis. Not once did they culture her wound. They just would give her narcs and sent her on her way. It's now to the point she is pretty much incapable of doing anything without being in severe pain. Driving is extremely difficult.

So last week she decided to go back to NJ to see the doc that did the surgery. That doctor IMMEDIATLY said this isn't endometriosis but suspected it to be MRSA. So he cultured her and she got the results today. And it is indeed MRSA.

Does she have any legal recourse against the hospital? Should they have done a culture? She has been going to this ER for almost two years with an open unhealing wound and they always told her it was endo. She trusted that's what it was and couldn't and still can't afford to seek medical care.What is the name of your state (only U.S. law)?

The ER isn't a designed to take the place a primary care physician. Nor is it meant to be her pain management center. Her PCP would have been able to follow up and monitor her case and order all the necessary follow up tests and labs. An ER is emergency stabilization only. It's a stopgap on the way to surgery, or until you can get into your regular provider, or to deal with the emergent situation--breaking a bone, big ol' cut, etc.


It sounds as though your friend was using the ER as her clinic, and they are not designed for that purpose. I'm willing to bet she was instructed to follow up with her own Dr for add'l care. That is her responsibility.

The ER stabilized her and instructed her to follow up with her primary doctor. She doesn't have a case.

 

[justalayman]

The big problem I see that you have not mentioned is the fact that since she did not have insurance, the hospital likely refused to do much of anything. What they were required to do was very limited unless this was a state supported hospital that is required to accept indigent patients.

Due to the problem in general and the complexities added due to the lack of means to pay for treatment, she should speak with a lawyer who can review everything and make some sort of determination.

 

[CJane]

Part of the problem is also that while the culture came back positive for MRSA recently, there's no history of tests/cultures, and so she'd have to somehow prove that she had MRSA all along and it was going untreated and the hospital was failing to diagnose an obvious (and quite serious) infection.

You've mentioned only that they were treating her pain. Was she also prescribed antibiotics? Was she ill, beyond the pain? Other than the wound not closing, were there other signs of infection?