Will his mrsa case hold up in court?
about 6 months ago my very close friend visited his dad in the hospital, and in contracted a staff infection on his upper lip by way of a cold sore. The staff was known as MRSA a horrible form of the infection. He awoke the next morning paralyzed from the hips down. The staff had created an abcess on his spine and cut off the nerves to his legs. He is now unable to walk and wants to take the case to court. He needs money to pay for hospital bills and basically the necessities to live from now til he dies by the way, he's only 15. Do you think he has a case that would hold up in court?
Answers:
I don’t think so. He has a few problems.
First his has to prove he got the infection at the hospital.
Second he has to prove the hospital was at fault.
Although MRSA has traditionally been seen as a hospital-associated infection, community-acquired MRSA strains have appeared in recent years. So the hospital lawyer will say he picked up the staph someplace else. It’ll be up to his lawyers to prove he got MRSA at the hospital and that they (they hospital) was negligent in some way.
His best bet is to talk to a lawyer and see, maybe there has been a lot of MRSA at the hospital and if the hospital was aware of it and didn’t take steps to prevent the spread of MRSA he might win.
But if the hospital KNEW there was MRSA in the hospital but they took proper steps of prevent the spread of MRSA then he won’t.
He has a case but it will be hard. He is going to have to convince a judge beyond a doubt that the hospital is where he got the infection and that they could have prevented it somehow.
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