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During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse? Thanks cray --------------= Posted using GrabIt =---------------- ------= Binary Usenet downloading made easy =--------- -= Get GrabIt for free from http://www.shemes.com/ =-
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Cray,
During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse?
You don't say above why anyone is at fault. You can look in your local phonebook for an attorney who specializes in medical malpractice. It is common in this speciality to have lawyers who will give a free initial consult, so you should be able to get some free advice. Be sure to ask about the cost of the consult when you make your appointment. Speak to several lawyers, then decide what you wish to do. Good luck, Dave M.
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In article <p6ent3dagl7rdjaona98ko0doomadv8npv@4ax.com>, cray <cray@nospam.com> wrote:
During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse?
Can you _prove_ you were not already infected (and not just un-diagnosed/ non-symptomatic) when you entered the hospital? Can you _prove_ that it was not acquired from one of _your_ visitors? Were any others at the hospital infected at approximately the same time? The more 'yes' answers, the better the chances of being able to do something.
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On Mar 15, 7:00 am, "cray" <c...@nospam.com> wrote:
During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse? Thanks cray --------------= Posted using GrabIt =---------------- ------= Binary Usenet downloading made easy =--------- -= Get GrabIt for free fromhttp://www.shemes.com/ =-
Nope. If your sick, the hospital is the worse place to be. (Think of the irony there.) Where is the medical malpractice? Staph infections happen all the time.
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On Mar 15, 8:00 am, "cray" <c...@nospam.com> wrote:
During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse?
Some states (including MD I believe) have laws prohibiting a medical provider from charging a patient for services provided to examine or treat a condition caused by that provider's own negligence (on the principle that, as we learned in kindergarten, when you make a mess, you clean it up and don't blame others). In other states, you may be able to raise a similar argument as a defense to the hospital's claim for an unpaid bill. Whether it would succeed or not, I couldn't tell you. The premise for such a claim, however, would be that the nosocomial infection was the result of negligence. This is not a given, and would require proof through evidence. If one is faced with such a situation, in any jurisdiction, one would be well advised to consult legal counsel. Your damages that you can recover from the hospital may far exceed merely being relieved of their bill. If this is not a hypothetical. -- This posting is for discussion purposes, not professional advice. Anything you post on this Newsgroup is public information. I am not your lawyer, and you are not my client in any specific legal matter. For confidential professional advice, consult your own lawyer in a private communication. Mike Jacobs LAW OFFICE OF W. MICHAEL JACOBS 10440 Little Patuxent Pkwy #300 Columbia, MD 21044 (tel) 410-740-5685 (fax) 410-740-4300
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On Mar 15, 8:00 am, "cray" <c...@nospam.com> wrote:
During a stay in the hospital for an unrelated cause, One acquire a staph infection To add insult, One is charged for treating the staph infection. Does One have recourse?
Assuming "One" can actually *prove* that One acquired the infection at the hospital and nowhere else (a very difficult thing to do), then One *may* have recourse *if* One can also prove that the infection occurred from a breach in the standard of care that was provided to One by a medical professional. Causation is a very difficult thing to prove with infections because germs and other microscopic creepy-crawlies are everywhere, not just in hospitals; and medical personnel are generally well-trained and equipped to sterilize instruments and other items that come into contact with the human body, so as to minimize the risk of infection. Call a local medical malpractice attorney. You should be able to find a dozen or more in the yellow pages.
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| On Mar 15, 8:00 am, "cray" <c...@nospam.com> wrote: || > During a stay in the hospital for an unrelated cause, One acquire a staph | > infection | > To add insult, One is charged for treating the staph infection. | > | > Does One have recourse? || Assuming "One" can actually *prove* that One acquired the infection at | the hospital and nowhere else (a very difficult thing to do), then One | *may* have recourse *if* One can also prove that the infection | occurred from a breach in the standard of care that was provided to | One by a medical professional. || Causation is a very difficult thing to prove with infections because | germs and other microscopic creepy-crawlies are everywhere, not just | in hospitals; and medical personnel are generally well-trained and | equipped to sterilize instruments and other items that come into | contact with the human body, so as to minimize the risk of infection. || Call a local medical malpractice attorney. You should be able to find | a dozen or more in the yellow pages. Staphococus germs are everywhere, in the dirt under your feet and on the surface of your skin. Any lesion may permit an infection. Most folk in the hospital are subject to an impaired immure system and this circumstance often allows staph to take hold with bad results.
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