Can we file a medical malpractice lawsuit for death resulting from MRSA?

Methicillin-resistant staphylococcus aureus or MRSA is a virulent staph infection that is often acquired in hospitals. The staph infection is one of many hospital-acquired infections known as nosocomial infections. Nosocomial infections are usually secondary infections and are often unrelated to a patient's admitting condition or illness. In the case of an MRSA infection, treatment is more difficult as the bacteria strain is very resistant to regular antibiotics and patients with compromised immune systems are particularly susceptible to infections.

Patients who acquire MRSA may suffer unnecessary symptoms such as redness and swelling. Sometimes and unusual odor comes from a surgical or injury site. If not treated timely, the infection may lead to meningitis or a fatal case of septic shock. Hospitals must take due care to prevent or treat MRSA. Prevention requires sterilization of hospital facilities and equipment as well as diligent hand washing by medical staff.

If a hospital fails to take basic precautions, and a patient is harmed because of this failure, the hospital is liable for damages. When a hospital's willful, reckless or negligent action results in a patient's death, the patient's surviving family members may pursue a wrongful death action based on medical malpractice. To present a medical malpractice case, the plaintiff must show that the hospital's treatment fell below the standard of acceptable care practice required by the medical community.

Elements of a Medical Malpractice Case

Below are elements required for a medical malpractice case: 

• A duty of care was owed the patient by the physician or healthcare provider 
• That duty of care was breached by physician failure to conform to the relevant standard of medical care.
• The breach of the standard of care must be shown by expert testimony, or in the case of obvious errors such as an act involving, "res ipsa loquitur," the negligent act by the physician speaks for itself without need for expert testimony.
• The breach of duty caused either a direct injury or was the proximate cause of an injury to the patient.
• Damages

If you have lost a family member from MRSA and believe that a treating hospital was the cause of the infection, you may bring a wrongful death action against the liable parties, including any treating personnel. Consult with an experienced attorney about bringing a medical malpractice lawsuit for a death resulting from MRSA.