Legal Question in Medical Malpractice in Pennsylvania

Question on potential case.

My wife had minor surgery on April 25. After 5 days of recovery, she was rushed to the

hospital for an Ecoli-infection in her bloodstream. She spent 5 days hospitalized, most

of which were in the ICU. We believe that the e-coli infection was a direct result of

the surgery she had just days before.

Do we have a case here?


Asked on 7/30/08, 4:32 pm

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: Question on potential case.yo

You may. I would nrd to review the medical records

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Answered on 7/31/08, 10:02 am
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Question on potential case.

First, let me commend you for asking the question about whether you have a case.

Most people in your position just accept unusual happenings, and don't inquire until it is too late to file a lawsuit.

Medical malpractice attorneys will generally speak to you over the phone for free, to see if it sounds like you have a case that they could profitably pursue. If you think you may have a case,

I encourage you to call a number of attorneys to see what they think.

From the facts you described, I personally would not take this case. First, while you have described a hospitalization, you have not described permanent damages, of the sort that would justify the expense of a malpractice case.

Second, from the facts you presented, it would be difficult to put together the infection with the "minor surgery".

A number of things might cause another attorney to investigate this possible case.

Why do you believe the E. coli infection is related to a procedure?

E. coli typically spreads from urine or stool. The reports of e.coli in the news are most likely related to unsanitary conditions for farm workers. This would be an unlikely iatrogenic infection but there my be something about your procedure that would predispose you to this type of infection.

Regarding your damages, was there some permanent injury you didn�t include in your statement? Was there something going on now that you believe is related to the e coli infection?

These are some of the reasons you should get a number of opinions.

According to the date you gave, 4/25/2008, the 2 year statute of limitations may expire as early as 4/25/2010, and lawsuit, if that is appropriate, should be filed before 4/24/2019 to be timely.

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Answered on 7/30/08, 6:34 pm


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