Hospital Negligence Claim
The term hospital negligence refers to errors made by a hospital and its staff that result in the illness or injury of a patient. The…
Read moreHave you contracted an infection in hospital?
If you have suffered from a hospital acquired infection within the past three years, you could be entitled to make a medical negligence compensation claim.
We are a claims management company regulated by the Financial Conduct Authority.
The UK health service is regulated by stringent health and safety measures to ensure the protection of patients, staff, and visitors. Hospitals have a legal obligation to minimise the causes, development, and spread of infections by adopting secure and thorough hygiene practices. However, this legal duty is sometimes breached and can have a significant impact on patients.
The National Institute for Health and Care Excellence (NICE) estimates that around 300,000 NHS patients acquire a hospital-based infection each year. Unfortunately, infections can spread rapidly in hospitals due to constant movement, weakened immune systems and multiple surfaces that are touched regularly. Such occurrences can severely impact a patient’s recovery and affect their confidence in the quality of care they receive.
If you want to find out if you could claim for a hospital infection, call 0800 470 0474 or enter your details to request a call back. A friendly solicitor will offer a free consultation to discuss your case and legal options.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Hospitals are not always liable for the infections you may have acquired as an in-patient. To prove liability, you must show that the hospital breached its duty of care towards you and failed to take sufficient measures to prevent the infection. Medical staff are responsible for treating you and preventing the spread of germs during your stay in the hospital. If they breached this duty of care, they will likely be found liable for your suffering, and you will be eligible to make a hospital acquired infection claim.
If you work with an experienced solicitor, they will gather evidence to prove how and why you suffered an infection, which could include:
Solicitors are highly experienced in successfully building and presenting cases for hospital infections such as MRSA and C. Diff. Your solicitor will happily discuss your specific circumstances during a free consultation. As well as determining if you have a valid case, they will also be able to advise on your chances of success and how much hospital infection compensation you can realistically expect to receive.
In hospitals, germs, bacteria, and infections can pose a significant risk to patients, especially those with weaker immune systems or open wounds. Hospital acquired infections can spread rapidly through skin-to-skin contact with other patients, surfaces or medical staff carrying the bacteria.
Two common infections found in UK hospitals are MRSA and C. Difficile, which are frequently covered in the news. Hospitals are expected to adhere to strict hygiene and cleanliness practices to reduce the risk of such infections. When these measures are not adequately followed, the hospital will have breached its duty of care, increasing the risk of patients developing an infection. This can be done through actions or inactions, such as:
The above may all be a form of medical negligence if it results in a patient suffering from a hospital infection. If it can be proven that the hospital was at fault for you contracting a germ, you should be entitled to make a hospital infection claim.
The symptoms you could suffer will vary depending on the type of infection that is acquired and can also vary from patient to patient. Some of the most common claims for a hospital infection are related to:
An MRSA skin infection can often begin as a painful lump, boil or abscess on the skin that could be mistaken for an insect bite. This lump is usually accompanied by at least one of the following symptoms, though in severe cases, patients can suffer from all of these:
If MRSA is not promptly diagnosed and treated, it can progress to a more severe skin condition called cellulitis. Cellulitis can present the symptoms above at heightened levels coupled with severe discolouration and swelling. Failure to treat either of these conditions can lead to further illnesses and complications, such as blood poisoning, septic bursitis, septic arthritis, and infection of the heart lining, known as endocarditis.
If you or a loved one has been impacted by the effects of MRSA and would like some additional help or support, the charity MRSA Action UK is a great source of information.
C. Difficile, also known as Clostridium difficile or C. diff, is an especially dangerous infection as it can be challenging to kill the bacteria that causes it. This means the risks of contracting and spreading it are high as the bacteria can survive on surfaces for months.
While it does not pose a considerable risk to healthy people, it can have devastating results in hospitals, where sick and weak people are trying to recover. In a frail immune system, the bacteria can rapidly multiply and cause significant damage to the patient’s gut. C. Difficile can present a host of symptoms with some of the most common including:
If C. Difficile is left untreated, the colon might become significantly damaged and inflamed, leading to a condition called colitis. That can result in worsening degrees of the above symptoms and substantial suffering and pain for the patient. According to the Office for National Statistics (ONS), this bacteria was the cause of 1,646 deaths in England and Wales in 2012.
Other hospital infection compensation claims may be related to:
If you or a loved one contracted an infection or disease due to medical negligence, you might be able to make a hospital negligence claim. To learn more about your chance of making a successful compensation claim, speak to a legal adviser by calling 0800 470 0474 for a free consultation. Alternatively, you can use our online claim form to have a legal adviser call you back.
The compensation awarded to you in a hospital infection claim will largely depend upon the severity of your suffering and any long-lasting impact on your life. The more severe your symptoms and the greater their long-term effects, the larger the compensation sum is likely to be.
In addition to receiving compensation for the pain and suffering caused by the illness (general damages), you would also be entitled to claim any financial losses linked to the infection (special damages). All of these losses can be recovered as part of your claim, as you should not be left out of pocket due to the negligent actions of a third party. If your case is successful, your settlement could cover the following:
Based on the guidelines from the Judicial College, you could receive:
Your solicitor will work with commitment and determination to ensure that you receive the highest compensation award possible and, in doing so, minimise future risks for other patients. Compensation claims against hospitals will highlight hazards and vulnerabilities that should be addressed, resulting in better patient safety in the future.
We realise that no amount of money could help ease the pain of losing a loved one due to a hospital infection. However, if you were a dependent of the deceased, compensation could help with the financial impact of your loss. According to the Fatal Accidents Act 1976, your solicitor could help you:
If your loved one passed away due to an infection they acquired in the hospital, our medical negligence solicitors can guide you through the process of making a hospital infection claim. They understand this is a difficult time for you and will offer you compassionate advice and guidance.
If you want to make a hospital acquired infection claim, you usually have three years to start legal proceedings. Under the Limitation Act 1980, the time limit will start from:
The date of knowledge is most likely to apply in most claims for hospital infection compensation. Although three years may seem like a long time, it is always better to seek legal advice as early as possible. That will make it easier to understand what happened, talk to witnesses and gather evidence for your case.
Different time limits might apply in certain circumstances, such as:
If the solicitors we work with believe you have a fair chance to win hospital infection compensation, they will offer you a no win no fee agreement*. This service will make the medical negligence claims process much less stressful for you because:
With no win no fee, you only pay your solicitor a percentage of your compensation award if you win the case. This success fee will be agreed upon from the beginning based on the specifics of your case and cannot be more than 25% of your settlement.
Another essential part of the no win no fee service is legal expenses insurance, known as After the Event (ATE) insurance. The ATE gives you further peace of mind, as it will cover all your legal costs and disbursements if you lose the claim. These include the defendant’s expenses, court fees, the cost of medical reports and others. This ensures you will never be left out of pocket if your claim is unsuccessful.
To find out if you have a valid hospital infection claim, call 0800 470 0474 or fill in our online claim form to receive a call back. An experienced legal adviser will offer you a free case assessment and answer any questions you may have.