Legal Question in Medical Malpractice in California

MRSA Misdiagnosis

On a weekend in late 2008, I noticed what appeared to be a large boil on my groin area. I went to see my personal physician as soon as I was able to be seen, which was on a Monday.

As soon as my Doctor saw the severity of the infection, she decided that I needed to see a specialist immediately. She was able to get me in to see a urologist within an hour. The urologist briefly looked at the infection and said that it would likely get better with antibiotics, which I was prescribed. No culture was taken, despite it being one of the worst infections my Doctor had ever seen. The urologist scheduled a follow-up for Thursday.

By Wednesday, I was in unbelievable pain and the infection had spread to my penis. I went to local after hours care, which immediately admitted me to the emergency room next door. I was told by the ER physician that I had a life-threatening case of MRSA, and that I had to have surgery immediately, which I did. I was in the hospital for a week and my penis was left with a large scar. I now have thousands of dollars worth of medical bills that I am unable to pay. Do I have any claim against the urologist for not bothering to run a culture? I also have diabetes, which I am told made the MRSA much worse.


Asked on 4/05/09, 1:22 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: MRSA Misdiagnosis

I am so sorry that you went through that. Although it appears from your question that the urologist failed to provide you with the proper standard of care, did the ER MD verify that the urologist's failure to treat you properly was negligent or below the standard of care in this type of case?

To establish a prima facie case of medical malpractice, the claimant must present expert medical testimony verifying the claims of negligence.

I would be happy to discuss your experience further at your convenience. Feel free to contact my office.

Yours truly,

Bryan

619.400.4929

P.S. Keep in mind a medical malpractice action for injury must be brought within one year from the date the claimant discovered the negligent act. Cal. Civ. Proc. Code � 340.5 (West 1992).

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Answered on 4/07/09, 2:24 pm


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