Methicillin-resistant Staphylococcus aureus (MRSA) is a type of bacteria that can cause serious and potentially life-threatening infections if it gets under the skin. In some cases, MRSA may be acquired in a hospital setting because of substandard medical care. If that has been your experience, please continue reading our guide to MRSA claims to find out how seeking compensation can help you find closure and move forward.
Key Takeaways
- According to government statistics, 1 out of every 100,000 people had MRSA between April 2023 and March 2024.
- The same government statistics also reveal that 38% of MRSA cases were categorised as ‘hospital-onset.’
- Skin and soft tissue infections are the most common cause of MRSA.
- Long-term effects of MRSA include organ damage and recurring infections.
- One of our solicitors can support you throughout your medical negligence claim on a No Win No Fee basis.
You should reach out to our team of advisors at your earliest convenience. They will provide you with guidance, free of charge. Whether you have a general query or would like to start a claim with one of our expert medical negligence solicitors, they can help. Why not contact them today?
- Fill out our online contact form
- Call us on 033 0123 0546
Jump To A Section
- Can I Make A Compensation Claim If I Contracted MRSA?
- What Compensation Is Awarded For MRSA Claims?
- How Might MRSA Be A Result Of Medical Negligence?
- How Can MRSA Claims Be Proven?
- Is There A Time Limit For Claiming MRSA Compensation?
- No Win No Fee MRSA Claims
- More Information
Can I Make A Compensation Claim if I Contracted MRSA?
If you have contracted MRSA, you can claim compensation under the following circumstances:
- A medical professional owed you a duty of care.
- They did not administer the correct standard of care when treating you.
- You suffered an MRSA infection as a result, causing you avoidable harm.
All medically trained professions and facilities owe a duty of care to the patients they treat. Essentially, this means that there is a minimum standard of care that they are expected to meet. Various bodies, such as the General Medical Council (GMC), offer resources to help doctors and other professionals maintain these standards and provide patients with a high quality of care.
In terms of the harm you suffer due to MRSA, we must highlight that it is not possible to claim compensation in all instances. You must be able to prove that your infection was preventable and that substandard medical care caused you to suffer unnecessarily. We provide examples of this later in our guide.
Can MRSA Claims Be Made Against The NHS?
Yes, MRSA claims can be made against the NHS, but the process differs somewhat compared to cases involving the private sector. The main difference is that private healthcare providers usually have their own insurance providers, who are responsible for paying out compensation in successful claims.
In contrast, NHS Resolution would handle any claim that you made as a public patient. This arm’s length body of the Department of Health and Social Care is tasked not only with managing claims on behalf of NHS trusts, but also aims to resolve concerns and disputes fairly.
NHS Resolution has its own budget, separate from any funding for healthcare services, for paying out compensation. That ensures there is no impact on the NHS and the services it provides to patients.
Can I Claim For Other Hospital-Acquired Infections?
You can claim for other hospital-acquired infections, as long as you can prove that you suffered the infection due to inadequate medical treatment. There are many different types of infection that medical negligence claims cover, including:
- Clostridium difficile
- Sepsis
- Flu
- Norovirus
- Catheter-associated urinary tract infection
Can MRSA Claims Be Made On Behalf Of Loved Ones?
MRSA claims can be made on behalf of loved ones in cases where the impacted party is unable to seek compensation without the help of someone else. That can be either because they are too young (under 18) or mentally incapacitated to claim for themselves.
In such scenarios, parents and other eligible adults can represent their loved ones by taking on the role of a litigation friend. Said person would be required to act in the best interests of the claimant and maintain regular contact with the solicitor who is working on the case.
You are welcome to speak directly with our advisory team for a free initial consultation. They will explain whether you have valid grounds to claim and may connect you to one of our experienced solicitors. There is no obligation to make a claim with us, so why not reach out today?
What Compensation Is Awarded For MRSA Claims?
The compensation that can be awarded for MRSA claims depends on 2 categories of damages:
- General damages are always included in successful compensation claims of this nature. This part of the compensation is calculated to cover the suffering and pain associated with the infection. If you continue to suffer bodily or psychological impact in future due to the infection, this will be taken into account.
- Special damages may be included in a claim if financial losses have been incurred because of the aforementioned pain and suffering. We’ll discuss this in more depth in the following section.
When evaluating general damages, legal professionals can read the Judicial College Guidelines (JCG). This document outlines compensation guideline brackets that are categorised according to the types and severity of harm.
It is important to keep in mind that these guideline brackets offer no guarantee of your potential compensation . Each claim requires a unique assessment of the given circumstances. Therefore, the JCG brackets in this table should only be used for guidance, as they cannot account for the specific nature of your case.
Please note that the first figure in the following table was not taken from the JCG.
| Type of Harm | Severity | Compensation Guideline Bracket | Notes |
|---|---|---|---|
| Multiple types of severe harm combined with financial losses | Severe | Up to £1,000,000+ | Multiple severe forms of harm with financial impact, such as a loss of income |
| Brain | Very severe | £344,150 to £493,000 | Factors that can influence compensation payouts include how extensive physical limitations are, sensory impairment, and the capacity to communicate (with/without assistive technology) |
| Kidney | Permanent and serious damage or loss (a) | £206,730 to £256,780 | This damage or loss will be to both kidneys |
| Female reproductive system | Infertility (a) | £140,210 to £207,260 | The claimant will experience severe anxiety and depression, together with sexual dysfunction, scarring, and pain |
| Male reproductive system | Total loss of reproductive organs | In excess of £187,790 | Compensation will typically depend on factors like impact on fertility, sexual dysfunction, and pain |
| Bowels | Total loss of natural functioning (b) | Up to £183,190 | There will also be reliance on colostomy, dependent on age |
| Bladder | Complete loss of function | Up to £171,680 | There will also be a total loss of bladder control |
| Lung | Lung cancer (b) | £66,890 to £85,460 | Typically in an older claimant, resulting in severe pain as well as impaired function and quality of life |
| Spleen | Loss of spleen (a) | £25,380 to £32,090 | A risk of continuing infection persists as the immune system is damaged |
Special Damages
In addition, you may be entitled to special damages as part of your MRSA claim. This aspect of the compensation allows you to recover the financial cost of the unnecessary harm you suffered. Examples of these expenses include the following:
- A loss of income due to time taken off work
- Medical expenses, which might include private surgeries to drain infected tissue and pus
- The cost of travelling to and from medical appointments
- Adaptations to your home, like improved ventilation and sanitiser stations if MRSA left you suffering from recurring infections
- Depending on the severity of the MRSA, you may require long-term support from professional carers or loved ones
You must provide proof of these costs if you want to recover them through your claim. Here, receipts, invoices and bank statements can be helpful evidence.
If you have any questions about how compensation is calculated in MRSA claims, you can speak to our team today. You may find it helpful to contact our team of advisors for a free case assessment, as they will consider the various ways in which you have been impacted and offer a more detailed insight into how compensation is assessed.
How Might MRSA Be A Result Of Medical Negligence?
MRSA can be the result of medical negligence for many different reasons, including inadequate hygiene practices. We’ve put together some examples of potential medical negligence to help explain how it occurs and the impact it can have on those affected:
- After a knee replacement surgery, you have to stay in a hospital for several weeks as part of your recovery. The procedure has left you unable to clean yourself fully, but the medical staff do not wash you regularly or routinely replace their gloves between patients. As a result, you contract MRSA, which leaves you with scarring and long-term heart issues.
- Medical staff fail to sterilise the equipment used for your cesarean section. You subsequently acquire MRSA that rapidly worsens and leads to life-threatening sepsis.
- During an operation on your bowels, your surgeon mistakenly leaves a foreign body inside your body. This surgical error leads to an MRSA infection that permanently affects your lungs.
Don’t worry if your own experience is not mentioned here, as these examples are only a small snapshot of MRSA-related medical negligence. Speak to our advisors today to learn whether you can start a claim for MRSA compensation.
How Can MRSA Claims Be Proven?
MRSA claims can be proven by giving some of the following pieces of evidence:
- A copy of your medical records, which can help to prove what kind of treatment and MRSA symptoms you experienced
- A visual record of any visible effects, such as scarring, abscesses, and changes in skin colour
- The contact information of individuals who can provide testimony about the care you received, such as staff and family members. They can later be called on to give a statement to your solicitor in support of your claim
- A diary of symptoms you experienced due to MRSA. Not only can this help establish how your infection developed over time, but a diary can also give insight into the impact on your daily life
If you’re not sure what evidence you can or should provide, rest assured that help is available. If you are eligible to work with one of our solicitors, they will not only help you obtain proof but also ensure it is presented effectively for your case. Get in touch with our enquiries team today to learn more about this.
Is There A Time Limit For Claiming MRSA Compensation?
There is a 3-year time limit for claiming MRSA compensation, as outlined by the Limitation Act 1980. This limitation period relates to when a claim should be started rather than when it must be concluded. In medical negligence claims, the 3 years may be counted from the date of treatment, or the date on which you discovered that your infection was caused by negligent medical care.
However, there are exceptions in cases for claimants who cannot pursue compensation on their own because they are:
- Below the age of 18
- Mentally incapacitated
Under these circumstances, the limitation period is frozen until they either have their 18th birthday or regain mental capacity (if there is a recovery). Once the relevant date arrives, the 3-year period to claim can begin.
As discussed in an earlier section, there is also an option for an eligible adult to represent someone who is unable to claim on their own behalf. You are also welcome to speak to our advisors about this or any other aspects of the claims process.
No Win No Fee MRSA Claims
Our solicitors handle No Win No Fee MRSA claims through a contract known as a Conditional Fee Agreement (CFA). By signing a CFA, your legal representative will agree not to charge you any solicitor’s fee for your case:
- Before the medical negligence claim begins
- While the case is underway
- If you do not receive compensation
However, you will owe a success fee in the event that you win compensation. This is a legally capped percentage of the compensation, paid to your solicitor for their work. It is important to note that the cap ensures you keep the largest share of the compensation.
You may find yourself asking, ‘Why should I hire a solicitor?’. While you are certainly under no obligation to claim with legal representation, choosing to do so does come with many benefits. Our solicitors draw on decades of combined experience in the field of medical negligence to provide high-quality services. These include:
- Help and advice when collecting your evidence: They can identify what forms of evidence will be helpful to your specific case
- Organising an independent medical assessment: This can be a great way to prove the severity of the harm you have experienced, though it would not be arranged without your prior consent.
- Managing correspondence: They’ll represent you in a professional manner with the defending party
- Negotiating compensation: Your solicitor will work hard to secure an appropriate settlement
Contact Medical Negligence Solicitors UK Co
You should contact Medical Negligence Solicitors UK Co at your earliest convenience if you are interested in any of the points discussed in this guide. There is no pressure to move forward with a claim, and all advice given is completely free and confidential. However, if you are eligible and would like to seek compensation, our advisors may connect you to an expert solicitor.
- Fill out our online contact form
- Call us on 033 0123 0546
More Information
Read our other medical negligence guides below:
- Find out when you can claim compensation due to a failure of a medical professional to obtain informed consent
- Learn about A&E claims for medical negligence
- Visit our guide on misdiagnosis claims
External resources:
- Visit the government guidance on avoiding infection
- Find out about MRSA infections from the NHS
- Read about the process of claiming Statutory Sick Pay (SSP)
Thank you for reading our guide on MRSA claims.