A friend whose elderly sister was in a very nice long term care facility had to
go to the hospital due to a heart attack. After successful angioplasty, she was
ready to return to the facility she came from. Alas, while in the hospital she
contracted MRSA (Methicillin Resistant Staphylococcus Aureus) - a highly
resistive staff infection for those who are not familiar, and had to be treated
with IV antibiotics. Now the long term care facility will not take her back
saying she must be isolated forever more, and they have no private rooms.

This wonderful lady is now being isolated and treated like a leper through no
fault of her own. Instead of living out her remaining time with some joy and
happiness, she will now be isolated from the general population wherever she
goes and may only socialize with those similarly afflicted with MRSA. I would
like to know if the hospital is accountable for allowing her to contract this
infection, and what their liability to her might be, if any. Thanks...

"XLanManX" <xlanmanx@aol.com> wrote in message
news:20040615201329.12238.00000045@mb-m01.aol.com... A friend whose elderly sister was in a very nice long term care
facility had to go to the hospital due to a heart attack. After successful
angioplasty, she was ready to return to the facility she came from. Alas, while in the
hospital she contracted MRSA (Methicillin Resistant Staphylococcus Aureus) - a
highly resistive staff infection for those who are not familiar, and had to
be treated with IV antibiotics. Now the long term care facility will not take
her back saying she must be isolated forever more, and they have no private
rooms. This wonderful lady is now being isolated and treated like a leper
through no fault of her own. Instead of living out her remaining time with some
joy and happiness, she will now be isolated from the general population
wherever she goes and may only socialize with those similarly afflicted with
MRSA. I would like to know if the hospital is accountable for allowing her to
contract this infection, and what their liability to her might be, if any.
Thanks...

The hospital is liable if they were negligent. If the hospital was
not negligent and your friend got the infection anyway, the hospital
is not liable. So take the question to a local attorney who deals in
medical malpractice cases. That person will determine whether there
is a case. The consultation will be free, and the case (if any) will
be on a contingency basis. Don't delay.

McGyver

There is a doctrine in Tort Liability called "Res Ipsa Loquitur" which
means that "The thing speaks for itself." This means that, in your
instance, if a patient is taken under medical care and didn't have the
adverse condition before this care was undertaken, it is presumed that
negligence in the care of the patient was responsible for the adverse
outcome in question. The facility can overcome this legal presumption of
negligent tort liability, if it can prove, by a preponderance of the
evidence, that it wasn't responsible for the same. However, the patient
does not have to prove that the facility caused this infection under the
doctrine of "Res Ipsa Loquitur".
I am not an attorney. I suggest that you contact an attorney with regard
to this matter.
Mr. C.V. Compton Shaw;R.N.;CLA