1) If there was a written agreement to not charge or bill you for the second surgery, that agreement would be enforceable as a contract. Even if you don't have a formal agreement, if you have correspondence, emails, etc. evidencing such an agreement, you may be able to enforce it.2) If the hospital or its doctors were neligent (unreasonably carelessless) in how they performed the procedure, in hygiene, and/or in infection control, and that's what resuled in the MRSA, you could potentially sue them to recover medical costs, pain and suffering compensation, and other out-of-pocket costs from the infection.3) If the statute of limitations has passed however, it now too late to sue or take other legal action, such as for them giving your husband MRSA. There would likely be no way to "turn the charge over" to the hospital if the SOL has expired.