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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Can I hold a dermatologist accountable staff-MRSA infection,

Customer Question

Can I hold a dermatologist accountable for a staff-MRSA infection, I picked up when she removed a "mole" the size of a pencil eraser by cutting a piece of skin about an inch long and 1/4 inch deep? No anti-biotic at time of procedure, but on followup visit stitch too tight so could not drain per her and new/first antibiotics ineffective resulting in a hospital stay of some 3 plus days?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello​This is Samuel. I suggest you can sue for a medical malpractice which resulted in MRSA, yes. Though if you are going to bring up the fact you contacted MRSA you need to be able to prove that her negligence in the procedure was the only reason you contacted MRSA. Suing for getting MRSA is not going to work because there is no way to prove it came directly from her. Because MRSA is so widespread everything is suspect. There is no way to localize or prove where you contacted it. For instance, you could have touched a door with the MRSA on it and then touched your face. There is just no way to corral it. But it does appear you have a basis for a medical malpractice, if the physician did not take care to ensure your surgery was completed correctly and neglected to provide antibiotics. So you can sue for the damages in that regard.