Case Studies
MRSA: Virtual Client Case
Below is a virtual case, similar to many MRSA-type cases that we are currently undertaking at Malcomson Law. This is not a real case and no real names are used in this article as we believe it will breach our client's confidentiality. In addition, we believe that the Law Society Regulations preclude us from mentioning the graphic and gruesome details of some of our cases.
Background Information
Name: Anne O'Toole (not her real name)
Sex: Female
Age: 40
Marital Status: Single (with long-term Partner)
Children: 2 boys aged 10 & 7
Occupation: Dentist
Hospital Attended: Dublin Hospital
Anne's Story
a) February - April 2004
Ms O'Toole had attended her General Practitioner (GP) on a number of occasions complaining of ongoing back pain
b) May 2004
Ms O'Toole's GP referred her to an orthopaedic consultant. She was admitted to hospital for a Cervical Discectomy. The operation was performed and Ms O'Toole seemed to make a full recovery. She was discharged, without pain and good mobilisation.
c) July 2004
Ms O'Toole returned to her GP as the pain returned and spread to her neck a few days previously. She was referred for an urgent MRI (magnetic resonance imaging) scan and referred back to the hospital.
Unfortunately there was considerable delay for the MRI scan despite the fact that it was requested urgently. She did see an orthopaedic consultant although admission was not offered and no follow up appointment was arranged.
The following day Ms O'Toole returned to A&E due to agonising pain in her neck. Ms O'Toole was assessed by the nursing staff but did not receive medical attention from a doctor for a period of 3 days.
During the initial 3 day period Ms O'Toole's temperature was taken and it was found that she had a fever. In addition, she was found to have low blood pressure and she also had high levels of pain with increasing neurology. She was hypertensive and appeared to be in shock syndrome, possibly an infective shock syndrome.
During this 3 day period, where Ms O'Toole was not assessed by a doctor, she went into septic shock. There was evidence of infection, however, this was not diagnosed as she was not seen by a doctor.
On the 3rd day an MRI scan was arranged which appeared to show an epidural infection, probably introduced at the time of surgery.
Despite having signs of Toxic Shock Syndrome (TSS), no steps were taken to investigate the patient's symptoms properly, or at all. Further, it was later noted by medical staff that she had an open sore on her knee, which was a possible source of Staphylococcus Aureus.
It became apparent when Malcomson Law took instructions from Ms O'Toole that that this wound had not been swabbed prior to surgery.
It later transpired, when Ms O'Toole was assessed by a microbiologist, that Ms O'Toole had an MRSA infection. Due to the lack of treatment and medical intervention, most particularly during the 3 days when Ms O'Toole was an inpatient in hospital, she developed staphylococcal septicaemia. As a result of this infection, Ms O'Toole was left a tetraplegic. The infection had compromised the spinal cord.
There was failure on a number of levels in relation to her treatment and care:
- Failure to swab the open wound
- Failure to recognise that Ms O'Toole was going into Toxic Shock
- Failure to treat the infection
This resulted in a catastrophic situation whereby this young lady with a young family and a successful career has now been left a tetraplegic.
Taking Legal Action
This is a particularly complex clinical negligence case. In order to be successful, we would have to prove that the standard of care afforded to Ms O'Toole fell below that expected of medical practitioners in the same circumstances. Due to the complexity of the case, the starting point of our investigation was to determine when the MRSA should have been discovered and treated. The intention then was to consider what should have been done to treat the MRSA infection and when so as to determine whether or not the treatment would have prevented Ms O'Toole's catastrophic injuries.
The Experts
In order to litigate such a complex case, it is necessary to engage the knowledge and expertise of expert witnesses. As Malcomson Law have vast experience in medical negligence litigation and healthcare scandals for well over a decade, we were able to draw on World-class experts in the areas of orthopaedics, neurology and microbiology.
After reviewing Ms O'Toole's medical records, the orthopaedic consultant that we instructed indicated that the delay during the initial three day period, where Ms O'Toole was in the A&E, without the benefit of appropriate medical attention from a doctor, indicates a breach in the standard of care afforded to her.
Furthermore, the orthopaedic consultant also commented on the fact that Ms O'Toole was given a series of powerful antibiotics, without having the benefit of having the infection cultured. This means that Ms O'Toole was receiving antibiotic therapy without knowing the type or the cause of infection. It is believed that this type of haphazard administration of antibiotic therapy could very well have worsened Ms O'Toole's infection and increased the risk of her suffering catastrophic injuries.
What type of Compensation will she receive?
It is also necessary to ascertain all of the elements of her damages including:
- Future medical care needs,
- Past and future nursing/carer needs,
- The necessity for aids and appliances in order to make her quality of life, under the circumstances, as best as possible
- Loss of earnings
- Affects of her injuries on her long-term partner and her minor children
If you, or someone you care about, have been affected by MRSA, it is important that you choose a legal team with the knowledge, expertise and skill in the area of healthcare and medical negligence litigation that Malcomson Law can offer. Medical Negligence litigation claims, especially MRSA and other hospital-acquired infections claims, are extremely complex, which is why you should have the specialist legal team of Malcomson Law representing you.
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Health Law Advice
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.
This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.