Can I File A Medical Malpractice Lawsuit For A MRSA Infection? - O'Connor Acciani & Levy

Can I File A Medical Malpractice Lawsuit For A MRSA Infection?

June 19, 2017 | By O'Connor Acciani & Levy
Can I File A Medical Malpractice Lawsuit For A MRSA Infection?

Methicillin-resistant Staphylococcus aureus (MRSA) is a type of bacteria that can cause infections in the bloodstream, lungs, urinary tract and at surgical sites. While most MRSA infections are not serious, some can be life-threatening if they are not treated quickly. Unfortunately, MRSA is resistant to many types of antibiotics, making these infections extremely difficult to treat. That is why MRSA is sometimes called a super bug. Infections are especially dangerous in hospitals, where many patients have compromised immune systems, are recovering from major surgeries or are otherwise ill. Outbreaks at medical facilities can be caused by medical negligence on behalf of physicians, medical staff or the facility. If you suffered severe complications from a MRSA infection that was diagnosed during or after a recent hospital stay, you may be wondering if you can file a lawsuit to obtain compensation for medical bills and other damages. Below, the Cincinnati medical malpractice attorneys of O’Connor, Acciani & Levy explain the elements of a MRSA medical malpractice case. If you think negligence caused your infection, contact us to find out if you have a viable claim.

Elements Of Medical Malpractice In A Mrsa Case

Every medical malpractice claim has four elements, whether the case involves surgical malpractice, misdiagnosis or hospital infections like MRSA:

Duty Of Care

Your attorney must prove that a hospital or health care practitioner owed you a duty of care, which is an obligation to provide the same level of care that a similarly-trained practitioner in a similar situation would provide. In a MRSA case, doctors or hospital staff may have had a duty of care to wash their hands on a regular basis or follow certain protocols to ensure surgical instruments were properly sterilized.

Breach Of Duty Of Care

This means that the duty of care owed to you was breached in some way. For instance, maybe the facility had sterilization protocols or infection-control practices that did not fulfill the duty of care. Another example of a breach of duty of care could be a doctor or nurse failing to wash his or her hands before examining a wound or surgical site. There are also situations where doctors misdiagnose MRSA as something else, delaying treatment and increasing the chances of severe complications or death.

Breach Of Duty Of Care Caused The Infection

This means there must be a direct link between the actions of a health care provider and your infection. It is not enough to show that doctors or hospital staff were negligent. You must show that your injuries were caused directly by their negligent actions. In many cases, your attorney must counter claims from the defense that your injury was caused by something other than negligence. Unfortunately, it can be hard to pinpoint when the infection occurred, which makes it very difficult to determine what caused it.


As with every other personal injury case, the purpose of a medical malpractice case is to recover compensation for the physical, financial and emotional side effects of an injury. This means that, without damages, there is no basis for a lawsuit. That is why your attorney must prove that your MRSA infection caused damages, such as medical bills, pain and suffering, lost wages, or other damages.

Consult A Cincinnati Medical Malpractice Attorney Today

If your MRSA infection was caused by medical negligence, the Cincinnati medical malpractice lawyers of O’Connor, Acciani & Levy may be able to file a lawsuit to recover compensation. We have in-depth knowledge about hospital-acquired infection claims. We can retrieve medical records and conduct investigations to support the link between medical negligence and your infection. Our attorneys have a successful track record of recovering fair compensation for victims of negligence. We work on contingency, so there is no fee for your initial consultation and we do not charge legal fees unless there is a favorable resolution of your claim.