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With MRSA being in the news a lot lately due to a small outbreak of it within the NFL, it stands to reason that everyday people who are staying in hospitals worry about getting it. After all, if it’s a serious enough infection to grab multiple headlines, it’s serious enough to be concerned about if you’re expecting a hospital stay in the near future. MRSA is a hard-to-treat, often antibiotic-resistance bacteria that causes severe infection in those exposed to it. It is a strain of Staph infection that has developed to become stronger. If you get it while staying in a hospital, can you sue for malpractice or negligence?

Malpractice Implications

You generally cannot sue for malpractice if you experience an MRSA infection. Malpractice is defined as an instance of negligence or incompetence on the part of a professional. When a patient contracts MRSA, it’s typically not due to negligence or incompetence. Rather, it’s due to the conditions within the hospital and is generally accepted as being a risk of staying in the hospital. That may not seem all that fair, but the fact is that hospitals are rife with infection and germs, despite their outward clean appearance.

Negligence or Personal Injury

You may be able to discuss the case with a personal injury attorney regardless, though. If it is possible to prove that your infection came directly from something that could have been prevented—for instance, using unsterilized tools during surgery. As you can imagine, this would be incredibly difficult to prove, as most hospitals or doctors will not want to admit fault and open themselves up to such a lawsuit. Still, it can’t hurt to discuss your case with a personal injury attorney who has experience with malpractice. Many malpractice lawyers will give your case a free consultation and advise you what they think is best to do about it.

Contact our experienced Chicago malpractice lawyers at Maman Law and schedule a free initial consultation.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

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    - Cheryl Wagemann
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