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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 seriously 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 a 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. 

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  • 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

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