Legal Question in Medical Malpractice in California
I had bunion surgery, contracted MRSA, lost my big toe, is this malpractice?
3 Answers from Attorneys
All depends if an attorney can prove negligence.
You've got to get your records so they can be reviewed and evaluated.
Take care.
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.