Can I file a claim for back pain and staph infection after surgery?

Surgeons or physicians can inadvertently trigger post-operative complications during diagnostic procedures or medical treatment.  Post-surgical infections or complications may or may not stem from surgical errors.  The surgeon, his or her team, and the post-operative staff are under a duty to monitor patients closely.  Otherwise, they may be liable for negligent surgical care and medical malpractice. 

To prove medical malpractice, a plaintiff must show that the physician or surgeon deviated from accepted medical practice and that such a deviation resulted in his or her injuries.  As a general rule, in order for a physician's or surgeon's conduct to rise to the level of malpractice, he or she must have negligently failed to satisfy the applicable standard of care at the place and time of the alleged negligence.  It is generally through expert medical testimony that a health care provider's negligence is established because lay persons would not ordinarily have the experience or knowledge concerning such matters.