Oral argument on the MRSA case is scheduled in front of the 4th District Court of Appeal on January 25th, 2011 at 10:00AM. The issue is whether the trial court erred in dismissing our case on summary judgment. The hospital is arguing that it doesn't matter how negligent in infection control they were, for we cannot prove the exact moment the MRSA bacteria entered the body. (Of course, nobody could ever prove the exact moment the bacteria entered the body).
The hospital believes it should have no liability for a hospital acquired infection because infections should be an accepted risk of going to the hospital. As an advocate for my clients, the notion that infection is an accepted risk of hospitalization is entirely unacceptable. This should not be the standard of care in this country. It is not the standard of care in other countries. Infections are preventable, it just takes effort on the part of the hospital. They know how to do it, they just choose not to.