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FL Appeals Court Gives Green Light to Staph Suit


On Wednesday, the Florida 4th District Court of Appeals overturned an earlier decision by a Circuit Court judge thereby allowing a lawsuit that was filed in 2005, a New York Injury Lawyer has learned. As part of that decision, the appeals court ruled that the lower court had erred when it dismissed a negligence lawsuit in 2009.

The suit alleges that the plaintiff had entered the hospital in May 2002 seeking to have a broken ankle surgically repaired.. During her stay at the hospital, she acquired methicillin-resistant staphylococcus aureus, which is more commonly referred to as MRSA. The staff infection reportedly caused the plaintiff injury and complications.

MRSA is caused by a strain of staph bacteria, which has become resistant to the types of antibiotics that are normally used to treat staph infections. A NY Injury Lawyer found that MRSA commonly occurs in places such as hospitals, prisons, nursing homes, and dialysis centers. Any place that people have frequent skin contact is considered a possible place to acquire MRSA.

Although the original plaintiff in the case that the appellate court ruled on died in 2009, her husband has continued with the lawsuit. It should be stated at this point that while the woman did develop complications from her acquisition of MRSA at the hospital in 2002, her death was unrelated to MRSA.

The ruling on this case has paved the way for about 17 additional cases that have been pending the outcome of this decision. The widower’s attorney went on to say that the trial judge had dealt a big blow to every case that was awaiting trial for hospital acquired MRSA that had been filed either at the same time as this case, or during the time span since. These cases can all proceed to trial now, and those parties concerned can now have their day in court.

Suffice it to say that the hospital that was named in the case was disappointed with the appellate court’s ruling, and they would simply say that their legal teams are moving forward as the pending lawsuits make their way through the judicial process.

If you have been the victim of the negligence of another, including medical malpractice, a construction accident, or a defective product, it is important to speak to legal counsel as soon as possible. You may be entitled to compensation for your injuries, which can include not only medical expenses, but also compensation for pain and suffering, as well as lost income from work.

Have you received an injury and made good faith efforts to resolve the matter but feel that you are getting the run around? Contact Stephen Bilkis and Associates who will take the lead and assist you to find your way and will speak on your behalf so that you may focus on the road to recovery.

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