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You are here: Experts > Health/Fitness > Health Care: UK > Medical Malpractice > MRSA/Cardiac Catheterization
Expert: Glenn A. Dorfman - 10/28/2009
Question
My father recently had 2 cardiac catheterization procedures completed (one on each side, each through the groin/upper thigh area) at a small local hospital. The procedure on his left side went well with no complications. However, immediately following the procedure on his right side (completed on 9/12/2009), he remembers the staff being very apologetic for making a "mistake" during the procedure. Shortly after, a hematoma developed under the skin in his groin/upper thigh area. He also developed a large dark bruise from his upper thigh down to his upper knee. He was released the next day. About 5 weeks later, my father's groin/upper thigh started to feel irritated. In the middle of last week, his groin/upper thigh was swollen, red, and full of puss. My father contacted his physical therapist who then contacted his doctor on Friday of last week. At the local hospital on Friday, he was swabbed for MRSA and tested positive for MRSA in his wound but not in his nose. He was given some oral antibiotics to take over the weekend, and told to come back in on Monday for a check up. On Monday, the Dr's assistant gave him a CAT scan and sonogram. The results were positive - they saw no signs of blood clots or hematomas. However, they then had him transported to another hospital via ambulance to presumably control the infection and prevent it from entering the blood stream. On Tuesday, they completed an I%26D and left the wound open to drain. They also took some blood cultures to identify any other bacteria that may need to be treated. He is currently being treated with vancomycin and waiting for the next step. We have had several doctors tell us that it is very uncommon for this to have happened to him. It is very hard to get any straight answers from the doctors as to what may have caused this and what are next steps are. We were informed that he will more than likely receive a PICC line that could prevent him from going back to work for several weeks. It is now Wednesday, and we are still not getting clear answers. The process has been very slow and frustrating and there have been well over 20+ healthcare professionals involved w/in the past few days. I would greatly appreciate any advice on the topic as well as your opinion on whether or not we should consult an attorney. Thank you.
Answer
Bringing the "case" to a lawyer at this point is not of any value because the lawyer would not be interested in it until the full extent of damages are known. If you dad makes a good recovery after all the unforeseen procedures, surgery, down time, etc., it won't be a viable case because for reasons that I will explain, the damages would have to be severe and permanent. Hopefully he will not suffer that much. MRSA is of course at almost an epidemic stage. Until recently, it was felt that not much could be done to stop it entirely in a hospital setting and therefore, hospitals were not getting sued successfully because in a medical malpractice case, you must show by expert testimony that the hospital did something or did not do something that constituted a breach in the "standard of care". As to MRSA, the standard of care was set very low. That is, the hospital could not be required to prevent all MRSA contracted in their facility. Things have changed however. I forget the name of the case but I think from Kentucky. Google "mrsa lawsuits" and you will find it. The evidence in that case was that MRSA is a "never happen" problem. In other words, with proper guidelines, people should not get MRSA in the hospital. It can be prevented by screening new patients' skin for MRSA (30% have it on their skin already) so that it does not invade during a procedure. And, scrupulous handwashing, surface cleaing by hosptial staff. But no hospital will pay a nickel on a MRSA case without fighting it all the way. Therefore, a case like your father's would be extremely difficult and costly. Therefore, attorneys are not interested unless the damages are massive. Look for an attorney in your region that might handle such cases. But again, even if you got one, there is no short term benefit that can be provided. It would be a very long term project. Also google the "medical malpractice statute of limitations" in your State to see how much time you have. It would be a minimum of one year.
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