Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 10/21/2009

Question
My mother recently went into the hospital with pneumonia and got a staph infection in her lung.  She was put on a heavy antibiotic and sent to a nursing home rehab until the last day of her antibiotic.  On the last day of the antibiotic, my mother was released and then had to be rushed back to the hospital within the week from her kidneys shutting down.  She was admitted into MICU where she almost died.  The doctor told my sister and I that our mother's kidneys shut down because she still had the staph infection.  My mother is 70 years old and was fully functional before the end of July (when she was first admitted into the hospital#.  Now, my mother has to have kidney dialysis three times a week and I have recently had to put her in a nursing home because she cannot do anything for herself #walk, dress, bathe).  I feel like the hospital or nursing home rehab, or both should be held accountable because my mother should have been tested before being released to make sure the staph infection was gone.  Do you think my mother has a case and should find an attorney?

Answer
Vickie,

I think there are multiple answers to your question but first let me tell you I am sorry about your mother's health.

The question you asked is whether your mother should have been released.  It sounds like your mother had a chronic infection when she was released and this should be easy to prove by the lab results.  The more difficult problem is whether releasing your mother caused her kidneys to shut down.  You are going to have to hire an infectious disease physician or a nephrologist to give an opinion regarding this issue.

Also, you may be wondering if the staph infection itself was below the standard of care and a cause for liability.  Again, an infectious disease physician could answer this question but some infections are inevitable in a hospital setting while others are caused by inadequate sterilization.

I do suggest you speak to a knowledgeable medical malpractice attorney in your area.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.