A new hot topic in medical malpractice is infection cases. A Pennsylvania woman who allegedly contracted a staph infection which that resulted in facial scarring while she was working as a prison guard at Graterford Prison in 2003 settled her claim or $226,000. Alas, this was a not a medical malpractice claim but a workers’ compensation claim against the prison.
You can read the full article here (since removed, sorry) which includes a picture of the scarring. Obviously, a successful medical malpractice claim would have resulted in a larger recovery of 90% of the time. Proving a workers’ comp claim – that the staph came from the prison – will generally not be that difficult for an evidentiary standpoint. The hard part of a hospital staph infection case is proving negligence.