Legal Question in Medical Malpractice in New York

Staph Infection from hospital !!!

I am 38 yrs old and I reside in Queens, New York. I work for NYC and have been out sick since May 2008. I was diagnosed with open venous wounds{skin ulcers} that I developed on the job. This is the reason I had to stop working and get treated by a vascular surgeon. The vascular surgeon performed biopsy's in June/08 on my left foot and left calf ,so as to exam the open wounds. A few weeks after the biopsy I developed a staph infection on my groin area,which is still not healing. This is incredibly painful and at the same time it seems to be spreading. I am unable to fulfill my daily duties {work,household chores} and the simplest task {shower,bathroom,walking,driving}have become almost impossible and too painful to take on. I am unable to stand for long periods and walking comes with great difficulty and needs to be done with a cane . In 6 more months if this is not healed I face possibility of termination from a great city job with loss of a pension. I know that the hospital is at fault and it is there where I contract ed this relentless infection. I don't know where to go from here. Can I please trouble you for advice. Thank You in advance


Asked on 10/16/08, 9:49 pm

2 Answers from Attorneys

Re: Staph Infection from hospital !!!

I wonder whether you have tried to advance a workers compensation claim here? If a causal connection can be found between the wounds, the treatment and the infection, it is possible such a claim could succeed. As far as suing the hospital for negligence causing you to contract the infection, it is problematical. Hospitals are known repositories of infection and there is always a medically accepted risk that opening the skin for any legitimate medical purpose, like a biopsy, can result in the patient contracting infection. You might try getting hold of your entire hospital chart to see whether there is mention of any breach of care occurring during the biopsy procedures. Good luck. Best, MEZ

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Answered on 10/17/08, 1:02 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Staph Infection from hospital !!!

Firstly, I am very sorry for your terrible circumstances. It seems like there is a possible claim. You need to document the injuries by taking photographs with a 35mm camera. Kindly contact me, Pasquale Calcagno, Esq. toll free at 1(800)WE-FIGHT for a free consultation so we can discuss this in more detail. I look forward to hearing from you. We have convenient locations in all 5 boroughs.

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Answered on 10/17/08, 4:58 pm


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