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Filing a Medical Malpractice Claim for a MRSA Infection


Methicillin-resistant staphylococcus aureus (MRSA) is a dangerous type of staph infection that can be fatal if it is not diagnosed and treated quickly. Unfortunately, there are times when the infection could have been prevented if not for a health care provider's negligence.

If you contracted MRSA or lost a loved one due to this infection, you should consider speaking to an attorney about pursuing legal action against the at-fault party. Simien & Simien's Baton Rouge medical malpractice attorneys have helped numerous patients pursue claims against negligent health care providers and hospitals. We know how to identify a medical malpractice case and will help you seek the compensation you deserve.

Below, we provide several details about MRSA infections and what we look for to identify medical negligence. Contact us to schedule a free, no obligation consultation to find out if you have a case.

Why Is MRSA So Dangerous?

MRSA is a deadly infection that may be contracted by patients receiving treatment in a hospital or other type of medical facility, such as nursing homes or rehabilitation centers. A MRSA infection forms when bacteria enters the patient's bloodstream, most often during invasive procedures, surgeries and through medical devices like artificial joints or intravenous tubing.

MRSA infections are especially dangerous because the bacteria is immune to most types of antibiotics used to treat general staph infections. If the patient's MRSA infection is left undiagnosed or untreated, it may result in his or her death.

Treatment for MRSA

Treatment for MRSA can be complicated. Although bacteria that causes MRSA infections are resistant to most antibiotics, the patient's infection can improve with certain oral antibiotics, such as vancomycin, linezolid, and daptomycin.

However, many MRSA infections can be treated by draining the affected area. For example, the patient may have an abscess on his or her skin that was caused by MRSA. The doctor will make an incision on the abscess by opening it and draining the infected bodily fluids to remove the infection.

Risk Factors for Contraction

In many cases, MRSA infections are contracted in a medical setting, such as during a medical procedure in a hospital. Some risk factors that may increase the likelihood of contracting a MRSA infection include:

  • Being hospitalized within the last year
  • Staying in a nursing home or long-term care facility
  • Suffering an illness that weakens your immune system
  • Undergoing invasive medical procedures, such as surgery for an artificial implant
  • Receiving medical treatment from a negligent health care provider

MRSA is contagious, which means you can contract the infection through person-to-person contact or by interacting with an object that has been handled by someone with a MRSA infection. MRSA bacteria are also known to survive on surfaces and objects that come into regular human contact, such as door handles, floors, sinks, water taps and fabric.

Building a Medical Malpractice Case

In situations where a patient may have contracted MRSA while receiving medical treatment or staying at a hospital, a health care provider may be held liable. This may occur in the following situations:

Surgical Negligence

Surgical patients are at a high risk of contracting a MRSA infection. This may occur when bacteria enters the patient's bloodstream through the surgical site. If a patient contracts a MRSA infection during surgery, the treating health care provider can be held liable. This may happen when:

  • The patient receives inadequate blood supply
  • Hemoglobin makes contact with the patient's open wound or surgical site
  • Debris makes contact with the patient's open wound

Delay of Treatment

Health care providers and hospitals are not always responsible for a patient contracting a MRSA infection. However, the patient may be able to file a medical malpractice claim when a health care provider fails to diagnose or delays treatment for a MRSA infection.

To identify this type of medical condition, look for these symptoms:

  • Pain in the joints, bones or chest
  • Chills, fever or fatigue
  • Muscle aches
  • Drainage of pus
  • Breathing problems and rash

Informed Consent

Patients have the right to receive information about a medical procedure and ask questions about recommended treatments. This helps them to understand the possible risks associated with the treatment, such as the risk of contracting a MRSA infection. The patient can then provide his or her informed consent to agree or refuse to undergo the procedure.

If the patient has not been fully informed about the risks of a medical procedure and does not provide his or her informed consent, the health care provider or hospital may be held liable for his or her injuries or death.

Contact Simien & Simien to Find Out if You Have a Case

If you or someone you love has contracted a MRSA infection or been injured due to medical negligence, you may be entitled to compensation by filing a medical malpractice claim.

Simien & Simien's personal injury lawyers in Baton Rouge understand the pain and complications that occur after receiving negligent medical care. We will provide you with a free, no obligation consultation to review your claim and help you understand if you have a case against a health care provider or hospital where you received treatment.

Our trusted lawyers will represent you at no upfront cost. You will only need to pay us if we help you recover compensation for your claim.

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