Legal Question in Medical Malpractice in Virginia
Inpatient acquired infection
My 13 yr old with Duchenne MD had a spinal fusion at a children's hospital.Expected stay 7 days, ended up 3 wks.4th night stay had BM that splattered onto bandage at bottom of incision site.Nurse was made aware and did not properly remove bandage until over 12 hours later.Went for 2nd surgery due to infection on our 7th day.Bacteria came back as e-coli(all gut flora not the e-coli found in food).2nd surgery resulted in large open wound from neck to butt with wound vac attached.Will return in a week for 3rd surgery to close wound because the wound vac is just an unbearable piece of equipment for this already limited child that can't wait to get back to school.He also has a pic line for 2 months of antibiotics and will take pills for weeks after that.The hospitals patient advocate told me to come up with a number and she would approach admin. to see if they would agree.I can figure what we lost as far as wages,etc but I don't know where to begin to figure out what his pain and suffering is worth for this. Also, does insurance reject payment to a hospital if they admit negligence or is this not reported to the insurance company?
2 Answers from Attorneys
Re: Inpatient acquired infection
You should obtain more than one legal opinion regarding the viability of your possible malpractice claim and be careful about signing on with anyone who immediately informs you that you have a good claim.
Re: Inpatient acquired infection
Please call me immediately. You have a good claim but must follow up very quickly. Do not sign any documents until an attorney has reviewed them. I am liscensed in VA and MD and may be reached at 703-777-7319 or 1-866-LAW-IN-VA.
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