While standards are in place to ensure that hospitals are sterile and safe environments, there, unfortunately, can be instances where they might fall short. If you have acquired an infection whilst being in hospital, you may be able to claim compensation.
In this guide, we discuss the eligibility criteria that need to be met to make a hospital-acquired infection claim, as well as examples of how medical negligence could possibly occur.
We also explain the hospital infection claims time limit and what evidence can best support this type of claim.
Furthermore, we discuss how compensation is calculated in successful hospital-acquired infection claims and how a No Win No Fee agreement could potentially benefit you.
To find out whether you have a valid claim after acquiring a hospital infection, please contact us today. Our friendly advisors can potentially connect you with one of our specialist hospital negligence solicitors for free. Just fill in our ‘claim online’ form.
Jump To A Section
- What Is A Hospital-Acquired Infection?
- Could I Make A Hospital-Acquired Infection Claim?
- How Could Medical Negligence Cause A Hospital-Acquired Infection?
- How Long Do I Have To Make A Hospital-Acquired Infection Claim?
- What Evidence Can Help In Hospital Infection Claims?
- How Much Compensation For A Hospital Infection Claim?
- Can I Claim For Hospital Infections On A No Win No Fee Basis?
- Read More About Making A Medical Negligence Compensation Claim
What Is A Hospital-Acquired Infection?
A hospital-acquired infection is a bacterial or viral infection that a person contracts while they are in hospital (where they were not infected upon arrival at the hospital).
Common hospital-acquired infections may include:
- MRSA – this is a type of bacteria that can be harmful if it gets underneath the skin. Symptoms of this type of infection include a swollen and painful part of the skin that is warm to the touch.
- Clostridium difficile (C. diff) – this is a type of bacteria that lives in the bowel. The main symptom of this type of infection is diarrhoea.
- E. Coli – this is a type of bacteria that also lives in the bowel. Symptoms of this type of infection include a high temperature and not being able to pass urine.
The types of infections that you could potentially acquire in a hospital are not limited to the above list.
Could I Make A Hospital-Acquired Infection Claim?
A hospital-acquired infection claim may be made if medical negligence has occurred. Medical negligence is when a medical professional breaches their duty of care, and a patient suffers avoidable harm (harm that should’ve been prevented) as a result.
All medical professionals owe every person they treat a duty of care. To comply with this duty, medical professionals must always provide the correct standard of care.
As such, here is the eligibility criteria to make a hospital-acquired infection claim:
- A medical professional owed you a duty of care in a hospital.
- The medical professional breached their duty by providing substandard care.
- You suffered avoidable harm as a result of this breach.
If you can prove the above criteria, then please contact us today, as you may be eligible to claim compensation.
How Could Medical Negligence Cause A Hospital-Acquired Infection?
Here are a few examples of how someone could potentially contract a hospital infection due to a medical professional breaching their duty of care:
- A nurse fails to wash their hands in between taking blood tests from patients.
- A member of surgical staff fails to sanitise equipment before surgery.
- Nurses are not provided with sufficient Personal Protective Equipment (PPE), such as blue latex hospital gloves.
However, instances of medical negligence are not limited to this list. So, contact us today to discuss the specific circumstances of how you suffered a hospital-acquired infection. Our team can assess, for free, whether a duty of care was breached or not.
How Long Do I Have To Make A Hospital-Acquired Infection Claim?
Under the Limitation Act 1980, you have 3 years to begin a hospital-acquired infection claim. This time limit starts from the date you suffered medical negligence.
However, there may be a couple of exceptions to this time limit, which we discuss below.
Can I Claim On Behalf Of Someone Else For A Hospital Infection?
Yes, in some cases, you may be able to claim on behalf of someone else for a hospital infection as a litigation friend. A litigation friend can step in for claimants who:
- Are younger than 18.
- Do not have their full mental capacity.
For both types of claimants, the 3-year time limit will be paused. A litigation friend can step in at any time while the time limit is paused.
However, if a litigation friend hasn’t started a medical negligence claim by the time the claimant either:
- Turns 18.
- Recovers their full mental capacity.
Then, the 3-year time limit will commence as usual, starting from either the date of recovery or the date of their 18th birthday.
If you would like to begin a hospital-acquired infection claim on behalf of someone else, please get in touch with us today.
What Evidence Can Help In Hospital Infection Claims?
Here are some types of evidence that are useful to provide for a hospital-acquired infection compensation claim:
- Copies of your medical records and notes which can show the extent of your hospital infection and when/how you contracted it.
- Contact details from anyone who witnessed negligent care by a medical professional.
- Photographs of the physical effects of your hospital-acquired infection.
- A personal diary with recordings of your treatment and symptoms.
The thought of collecting all the evidence you need for your potential case may seem daunting. This is exactly why collecting evidence is just one part of our solicitors’ services. If you would like to receive the benefits of our No Win No Fee solicitors, contact us today to confirm whether you’re eligible to claim compensation.
How Much Compensation For A Hospital Infection Claim?
If your hospital-acquired infection claim is successful, your compensation may possibly be made up of two heads of claim called special and general damages.
General damages are awarded in all successful medical negligence claims and compensate you for the physical and psychiatric effects of your hospital-acquired infection. Under this head of claim, factors such as these are looked at:
- Loss of amenity.
- Whether a full recovery is possible, and how long that will take.
- The pain severity.
The Judicial College Guidelines (JCG) is a document that legal professionals can use to help them calculate how much your general damages should be. The JCG has guideline brackets of compensation for different types of physical and psychiatric harm.
Compensation Table
We have taken some types of harm relating to infections and have included them below. We have also included their guideline compensation brackets from the JCG (the top figure is not from the JCG, however).
Please keep in mind that since all medical negligence cases are unique, there isn’t a set figure that can be guaranteed for your potential hospital-acquired infection compensation claim.
| Type of harm | Severity | Guideline compensation | Notes |
|---|---|---|---|
| Multiple types of serious harm with special damages | Serious | Up to £1,000,000+ | Compensation for suffering more than one type of serious harm, with your financial losses such as loss of earnings. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Cases such as quadriplegic cerebral palsy, where there is very little (if any) language function or meaningful response to life. |
| Moderate (c) (i) | £183,190 to £267,340 | Where the intellectual deficit is moderate to severe, with no prospect of employment. | |
| Kidney | Loss or serious and permanent damage (a) | £206,730 to £256,780 | To both kidneys. |
| Loss of one kidney (c) | £37,550 to £54,760 | Where the remaining kidney is undamaged. | |
| Bowels | Double incontinence (a) | Up to £224,790 | Loss of natural function and control to both the bowel and bladder, with other medical complications. |
| Loss of natural function (b) | Up to £183,190 | Where there is dependence on a colostomy. The award will depend on the age of the harmed individual. | |
| Leg | Amputation of one leg above the knee (a) (iii) | £127,930 to £167,760 | The award will depend on the level of amputation and phantom pain severity. |
| Arm amputations | Loss of one arm (b) (i) | Not Less Than £167,380 | Amputation at the shoulder. |
Can I Claim For Financial Losses Caused By An Infection?
Special damages are awarded in some successful medical negligence claims and compensate you for the financial effects of your hospital-acquired infection. This may include:
- Loss of earnings if you’re unable to work during the recovery from your hospital infection.
- The costs for domestic and professional care.
- Prescription costs.
Since it isn’t guaranteed for special damages to be awarded in every successful case, providing evidence of your financial losses is crucial. Such evidence can be in the form of receipts, payslips, bank statements, and invoices.
For more information on how hospital-acquired infection compensation is calculated, please contact us today.
Can I Claim For Hospital Infections On A No Win No Fee Basis?
Yes. If your hospital-acquired infection claim is eligible, then you can be offered a No Win No Fee agreement from one of our specialist solicitors. Specifically, the type of agreement your solicitors will work under is called a Conditional Fee Agreement (CFA).
Here is how you will benefit:
- You won’t be charged for your solicitor’s work before the claims process begins.
- You won’t be charged for your solicitor’s work throughout the entire claims process.
- If your case is unsuccessful, you won’t be charged at all for your solicitor’s work.
Instead, if your case is successful, your solicitor will take a small percentage from your compensation. This small percentage, which is also legally capped, is called the success fee.
So, fill out our ‘claim online’ form today to see whether you’re eligible to begin a hospital-acquired infection claim. If you are, one of our friendly No Win No Fee solicitors can work with you to make the claims process easy and simple.
Read More About Making A Medical Negligence Compensation Claim
Below are just some of our other medical negligence claims guides:
- Advice on how to make a medical misdiagnosis claim with our solicitors.
- Learn about birth injury claims and how our solicitors could potentially help you.
- Learn how to claim medication error compensation with our solicitors.
Additionally, here are some other pages that might give you useful information:
- National Institute for Health and Care Excellence (NICE) – an overview on infection prevention and control in healthcare settings.
- Gov.UK – guidance, analysis, and data on healthcare associated infections.
- NHS – advice on when to call 111.
Thank you for reading our guide on how to make a hospital-acquired infection claim. Contact us for any questions you have at all.