Legal Question in Medical Malpractice in California

I had bunion surgery, contracted MRSA, lost my big toe, is this malpractice?


Asked on 5/30/15, 8:16 am

3 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

All depends if an attorney can prove negligence.

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Answered on 5/30/15, 8:17 am
Armen Tashjian Law Offices of Armen M. Tashjian

You've got to get your records so they can be reviewed and evaluated.

Take care.

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Answered on 5/31/15, 10:19 am
Len Tillem Tillem McNichol & Brown

It's difficult to prove Medical Malpractice in a MRSA infection case, as the risk of MRSA infection is largely considered as one of the known risks of surgery in any medical facility. So, to win a case you have to be able to prove something out of the ordinary, such as a failure to properly sterilize surgical tools, etc.

Also the burden of proof for Medical Malpractice is greater than Negligence - to win any Med-Mal case you have to prove that the medical provider failed to act with the skill and care of a medical provider in good standing - you have to prove incompetence, rather than simply making a mistake.

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Answered on 6/01/15, 8:57 am


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