Legal Question in Medical Malpractice in New York


I recently had achilles tendon surgery and had wound closure problems which eventually resulted in a MRSA Staph infection. A culture was taken during one surgery with Staph as a result. Over the course of the next 3 weeks, my leg swelled, became very red and hot and extremely sore and eventually the infection ate its way thru my skin, resulting in more surgery. The problem is the Staph culture was never addressed over the 3 week period and my doctor insisted that it was not infected and kept sending me home. I am still not healthy, but under a new doctors care and am finally seeing some improvements. Do I have a case against the first doctor who did nothing about my culture results for 3 weeks? I am now looking at the 4th surgery to get this wound to close and may need to have my achilles rebuilt again. It is important to note that I had a staph infection 5 years ago in the same site, and this was clearly discussed with my surgeon, and from what I understand once you get MRSA you are a higher candidate for getting an infection again, which is what happened to me. I just wish my doctor had been more aggressive with my treatment. Do I have a case?

Asked on 8/08/07, 2:26 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Mrsa

You stated that you were having a 4th surgery to close the wound, but didn't state at what point the staph infection developed.

Regardless, you may contact my office via email if you would like a complimentary telephone consultation to discuss your case. My office is located near you at 46th and Park Avenue.

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Answered on 8/08/07, 2:39 pm

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