Legal Question in Medical Malpractice in New York

C-diff

I was discharged from the hospital and less than 1 day later began experiencing diarrhea (which turned out to be c-diff). I ended up being re-admitted to a different hospital by my family doctor, where it was determined that I had contracted c-diff due to my prior stay at the 1st hospital. I was terminated from my employment due to excessive absenteeism due to the 2nd stay at the hospital (I had only been working for 3 weeks). I have not yet been able to find another job. I would like to sue the 1st hospital (where I contracted the c-diff). Do you think I have a case?


Asked on 1/20/09, 2:47 pm

2 Answers from Attorneys

Re: C-diff

Contracting an infection in a hospital is a known risk of treatment. Without proof of negligence causing unnecessary contamination, say of an instrument (improperly sterilized), or by a medical care provider (unwashed hands), the case would not likely succeed. Best, M. E. Zuller

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Answered on 1/20/09, 9:09 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: C-diff

No you do not have a case. The C-diff cases are hard to prove and the hospitals will fight you on causation.

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Answered on 1/20/09, 2:55 pm


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