Could I Claim Compensation For Hospital-Acquired Infections?

Hospitals and medical professionals working therein have a duty of care to patients. They should keep patients safe, provide the correct treatment and meet the minimum expected standard of care. They should maintain good hygiene in all areas of a hospital, including wards, examination rooms, operating theatres and other spaces. If they fail to do so, hospital-acquired infections, such as MRSA, could be spread. In this guide, we look at how you could claim compensation for hospital-acquired infections.

We look at what a hospital-acquired infection is, the criteria your claim will need to meet to be eligible for medical negligence compensation. We also look at how infections could be acquired while in hospital and when you could claim on behalf of a loved one. Furthermore, we examine how medical negligence compensation claims are calculated.

If you have any questions while reading this guide about hospital acquired infection claims you can contact our advisors. They may also connect you with one of our No Win No Fee solicitors:

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What Are Hospital-Acquired Infections?

Hospital-acquired or healthcare-associated infections (HCAI) are infections that patients contract while receiving care in a hospital (or other healthcare facility). These infections could be contracted through general contact with healthcare settings or as a direct result of healthcare interventions. They are caused by microorganisms gaining entry to the body, which may occur during an invasive medical procedure.

Hospital staff, patients and visitors could be at risk of developing an HCAI. According to statistics from the National Institute for Health and Care Excellence (NICE), around 300,00 people acquire HCAIs in England due to NHS care.

There are a wide range of different infections which may be contracted in hospitals and healthcare settings. Common hospital acquired infections include (but are not limited to):

  • Methicillin-Resistant Staphylococcus Aureus (MRSA).
  • Methicillin-Sensitive Staphylococcus Aureus (MSSA)
  • Clostridium difficile (C. difficile).
  • Escherichia coli (E. coli)

This list is not exhaustive. You may also have contracted hospital acquired pneumonia, a respiratory tract infection or a urinary tract infection (UTI).

For more information on how to make MRSA negligence claims or to claim compensation for other hospital-acquired infections, please contact our team.

Can I Claim Compensation For Hospital-Acquired Infections?

As outlined above, all medical professionals owe patients under their care a duty of care. This duty is owed by nurses, doctors, pharmacists and surgeons as well as other medical, health and care professionals regardless of whether they work in a hospital, GP surgery or other medical environment. They must meet the minimum or correct standards of care. Failure to do so could cause harm to patients that could have otherwise been avoided.

To make a medical negligence claim, you need to clearly show that:

  1. You were owed a duty of care by a medical or healthcare professional.
  2. They breached this duty of care. For example, a surgeon may have failed to properly sterilise their medical instruments before performing surgery on you.
  3. The breach caused you avoidable harm, such as by contracting a hospital infection.

In order to claim compensation for hospital-acquired infections, you would need sufficient evidence showing that your infection was caused by hospital negligence. Find out how to make a claim against a hospital by contacting our team.

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What Could Cause A Hospital-Acquired Infection?

Hospital care can be crucial in a variety of different situations. You may require surgery, long-term treatment for a condition such as cancer or may visit an emergency department. If you were to acquire an infection while in a hospital, this could lead to serious illnesses such as sepsis and, in certain circumstances, may even lead to death.

Below we look at how a hospital acquired infection may occur:

  • Surgical negligence: For example, if medical equipment is not properly cleaned and sterilised before surgery, this could lead to the patient acquiring an infection.
  • Poor hygiene: If medical professionals do not wash their hands after physically examing a patient with an infection before seeing to another patient, this could cause the infection to spread from one patient to another.
  • Medication errors: For example, if you are given the incorrect medication to treat your infection, it could make the infection worse.
  • Improper disposure: Where sharps and needlesticks are either stored, used or disposed of improperly, infections could be spread.

To find out more about claiming compensation for hospital-acquired infection, please contact our team.

Can I Make A Hospital Infection Claim On The Behalf Of A Loved One?

If a loved one, such as a child or a family member you care for, has contracted a hospital infection due to clinical negligence, you may be able to make a claim on their behalf.

Those who are unable to make their own claims include children under the age of 18 and those lacking the mental capacity to handle their own case.

In both of these cases, you could apply to be a litigation friend and make a claim on their behalf. As a litigation friend, you are expected to act in the claimant’s best interest and provide them with updates on their claim.

Learn more about claiming compensation for hospital-acquired infections on behalf of another person by contacting our team.

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How Much Compensation For Hospital-Acquired Infections?

If you meet the eligibility criteria to claim compensation for hospital infections, you may wish to know how much compensation you could be awarded

Compensation payouts may be made up of two heads of claim. These are general and special damages.

General damages compensate for physical or psychological harm suffered due to a medical professional breaching the duty of care they owed. Compensation for general damages may be calculated using the Judicial College Guidelines (JCG). This contains guideline amounts for various illnesses and injuries.

The table below uses figures from the JCG to illustrate what may be claimed for different types of harm caused. The figure in row one has not been taken from the JCG.

Harm CausedSeverityNotesPayout
Multiple and serious forms of harm + special damagesSeriousThe person has sustained multiple serious forms of harm and this has also caused financial losses such as care costs, travel expenses and lost earnings.Up to £500,000+
Brain damage(b) Moderately severeSubstantial dependence on others due to being seriously disabled.£267,340 to £344,150
Kidneys(a) Loss or damage Affecting both kidneys£206,730 to £256,780
(c) Loss of one kidney. No damage to the otherThe person has lost one kidney but there is no damage to the other.£37,550 to £54,760
Bladder(c) Impaired control with incontinence and pain.The person suffered serious impairment of bladder control. There is some pain and incontinence.£78,080 to £97,540
(d) Where there has been an almost complete recovery.Whilst the person has almost recovered completely, there will be long-term interference with natural bladder function(s).£28,570 to £38,210
Bowels(c) Passive incontinence and faecal urgency after surgery.The passive incontinence and faecal urgency will cause the person some degree of embarrassment and distress.Around £97,530
Spleen(a) Loss of the spleen with risk of internal infections.The loss of the spleen is accompanied by risk of internal infection and disorders.£25,380 to £32,090
Spleen(b) Infection risk is minimal or non-existent.The risks above are either minimal or not present.£5,310 to £10,550

Can I Claim For The Long Term Impact Of A Hospital Infection?

A hospital-acquired infection could cause serious and long-term impacts, such as being unable to work for an extended period of time, being unable to return to work or having to pay for medical treatments.

As part of your claim, you could be compensated for these expenses and losses. These would be compensated under the head of loss known as special damages

Financial losses you could claim for include

  • Care costs.
  • Loss of earnings.
  • Travel expenses.
  • Medical costs.

Evidence such as bank statements and invoices will need to be presented when making a claim for special damages.

Our team could assess your hospital acquired infection claim. Contact us today.

Claim For A Hospital Infection Using A No Win No Fee Solicitor

When you contact our team, an advisor will assess whether you could claim compensation for hospital-acquired infections. They will check whether you meet the eligibility criteria. If you do, they could connect you to one of our No Win No Fee solicitors.

A solicitor may offer to represent your claim under a Conditional Fee Agreement (CFA). If you claim for a hospital infection under a CFA, you will not have to meet any upfront charges for your solicitor’s work. There are also no ongoing solicitors fees. Instead, at the end of your hospital infection compensation claim, if you are awarded compensation, your medical negligence solicitor will charge a success fee. This fee is set out in the CFA and the percentage of your compensation which can be charged is limited by law. If you don’t win, there will be nothing to pay for your solicitor’s work.

Talk to our specialist medical negligence claims team if you have any questions regarding hospital infection claims:

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Learn More About Making A Medical Negligence Compensation Claim

Further medical negligence claims guides:

Further resources:

Thank you for reading our guide to claiming compensation for hospital-acquired infections. If you have any further questions, please contact our team.