After contracting MRSA in a hospital, you may be thinking of claiming compensation for medical negligence. If so, we can help.
Staff in medical environments need to perform basic prevention measures against MRSA transmission. This includes regular hand washing or changing gloves, the sterilising of equipment, walls, floors, countertops, instruments and changing bedding after a patient has been treated. A failure to meet this standard could be deemed as negligent and expose the facility to a claims for MRSA-related damages.
Below, we explain how MRSA claims work. If you’d like to check your eligibility to claim compensation, then you can contact us for free by using any of the methods set out below:
- Call 0800 652 3087 to start your claim journey. We’re available 24/7.
- Speak to our team using the live chat feature.
- Complete the claim online option to see what your case might be worth.
Select A Section
- What Is MRSA?
- Can I Make An MRSA Claim?
- How Do I Prove My Claim For MRSA Compensation?
- Potential MRSA Compensation Payouts
- Can I Claim For An MRSA Infection On A No Win No Fee Basis?
- Learn More About Medical Negligence Claims
- FAQs About MRSA Claims
What Is MRSA?
MRSA (Methicillin-resistant Staphylococcus aureus) is a type of invasive infection that can cause severe problems for humans that are not only difficult to treat, but in some cases can be fatal. Classed as a ‘superbug’ MRSA is resistant to commonly-used antibiotics. Typically, MRSA is transmitted because of negligence in a hospital environment, dialysis clinic or care home setting.
Some common symptoms of an MRSA infection include:
- Painful, red and swollen skin with pus (Staph infection) including impetigo, boils and other conditions resistant to antibiotics. These can need surgical draining and if the infection enters the bloodstream it can damage joints, bones, organs and the heart.
- A high temperature.
- Chills, aches and pains.
- Dizziness and confusion.
- A generally compromised immune system.
- Organ failure and death.
Can I Make An MRSA Claim?
To make a claim, it’s necessary to demonstrate your MRSA infection occurred because health and safety standards were not met. This is broken down as follows:
- A medical professional owed a duty of care to you.
- They breached the duty of care.
- The breach caused you to suffer avoidable or unnecessary harm.
This is because all healthcare professionals owe a duty of care to their patients and the general public to meet certain standards of hygiene and procedures that safeguard their well-being.
How Could I Get MRSA?
There are different causes of MRSA. Let’s take a look at some of the ways that someone could contract the illness:
- If a hospital has been negligent in cleaning and sanitation procedures and a superbug has been transmitted between staff, caregivers and others in a residential nursing home.
- An MRSA infection could result from a breach of the Control of Substances Hazardous to Health (COSSH), such as failing to dispose of contaminated medical implements.
- Failing to isolate infected patients or members of staff.
- Failing to provide staff with the necessary personal protective equipment (PPE) which can prevent infections from spreading
Infection is never entirely preventable. In some cases, there may be no claim. That’s why we always recommend seeking legal advice, which is where we can help. Reach out to our team now for free guidance and to check your eligibility.
How Do I Prove My Claim For MRSA Compensation?
Evidence is an important part of making a medical negligence claim. To assist you with the process we have compiled a list of evidence that can help:
- Copies of medical reports that point to when and where an MRSA infection may have been acquired.
- Proof of medications if the wrong dosage of a drug worsens your condition.
- Witness contact details for anyone else who acquired MRSA. A supporting statement can be gathered from them at a later date.
- Photos of your sores and other signs of illness.
- Photos of any defective medical devices that may have transmitted MRSA more easily.
Again, the evidence you assemble must show how you contracted MRSA through a breach in the duty of care owed to you as a patient. If you would like further help understanding liability and what evidence supports MRSA claims, connect with advisors at the number at the top of this page.
Potential MRSA Compensation Payouts
A successful compensation settlement can comprise two heads of loss called general and special damages.
Firstly, general damages seek to compensate claimants for the physical pain and psychological harm caused by the injuries and restore them to where they were prior to the accident. In addition to this, general damages can also reflect the duration of recovery and whether any long-term disability or disfigurement resulted.
As a starting point for calculating general damages, legal professionals may consult available medical reports and refer to documents like the Judicial College Guidelines (JCG). This publication offers an index of award suggestions based on severity and type of harm. Below is a brief excerpt to help illustrate:
Please note – the figures shown are strictly guidelines. Each claim is subject to numerous factors that influence the final award amount.
| Type of Harm | Severity | Notes | Guideline Amounts |
|---|---|---|---|
| Multiple Serious Illness or Injuries Plus Special Damages | Severe | Cases of multiple illnesses and injuries with special damages reflecting the loss of earnings, medical bills and care costs. | Up to £250,000+ |
| Female Reproductive System | (a) Significant | Injury or disease that causes infertility and was prompted by a failure to diagnose an ectopic pregnancy. | £140,210 to £207,260 |
| Female Reproductive System | b) Permanent Dysfunction | Cases of sexual dysfunction (in a person who has children) with the upper end of this bracket applying to instances involving serious medical complications. | £52,490 to £124,620 |
| Male Reproductive System | (a) Total Loss | Cases where the reproductive organs are completely lost. | In excess of £187,790 |
| Bowels | (b) Total Loss | Instances where natural bowel function has been completely lost and the award will depend on the person's age and whether they require a colostomy. | Up to £183,190 |
| Lung Disease | (b) Lung Cancer | Cases of lung cancer in an older person which impairs lung function and as a result causes them to suffer severe pain. | £85,460 to £118,790 |
| Kidney | (c) Loss of One Kidney | This bracket looks at cases where one kidney is lost but the remaining one suffers no harm. | £37,550 to £54,760 |
| Asthma | (b) Chronic | Here the brackets offer an amount for those with breathing difficulties due to chronic asthma. Also the claimant will require an inhaler occasionally and progress will be uncertain. | £32,090 to £52,490 |
| Spleen | (a) Loss of Spleen | Cases where the spleen is completely lost and the risk of internal infections also increases because the immune system is compromised. | £25,380 to £32,090 |
Can I Claim For The Long-Term Effects of MRSA?
MRSA can re-occur several times and permanently compromise parts of the body such as the lymphatic system, the skin, the immune system and the heart. If you’re facing long-term health problems as a result of an infection caused by negligence, you could be compensated accordingly.
Special damages compensate the claimant for financial harm and out-of-pocket expenses caused by the injuries both now and in the future. Some of the things that you can claim for include:
- Payslips that demonstrate a loss of earnings caused by the harm caused.
- Proof of travel to essential appointments.
- Over-the-counter medication costs and the expense of any medical equipment.
- Medical bills and treatment fees that were unavoidable.
- Adaptations to your home or vehicle to allow for a permanent disability.
- The receipts for any care costs provided to help you at home.
If you would like to access precise guidance on what general and special damages might apply in your case, speak to our advisors. Or if you simply have any other queries at this point and questions you’d like answered, please reach out.
Can I Claim For An MRSA Infection On A No Win No Fee Basis?
You may be interested in using the services of a medical negligence solicitor but are worried about the financial costs. If so, our solicitors can help
We work on a No Win No Fee basis. This means a medical negligence claim can be started without the worry of paying upfront fees to hire them. In addition to this, fees are not required for ongoing solicitors services. If your MRSA claim does not lead to compensation you do not need to pay any fees.
In the event of a successful claim outcome, the solicitor deducts a success fee from the compensation. This percentage is subject to legal limits. This makes sure that the claimant benefits the most from the successful outcome.
Interested in learning more?
- Call 0800 652 3087 to start your claim journey. We’re available 24/7.
- Speak to our team using the live chat feature.
- Complete the claim online option to see what your case might be worth.
Learn More About Medical Negligence Claims
In addition to this guide on MRSA claims, please find more helpful information below:
- Read information on listeria outbreaks at NHS hospitals and what to do if affected.
- Here we discuss what legal advice against the NHS you may need to claim compensation.
External help:
- Here are some statistics on MRSA from GOV.UK.
- This resource looks at bacterial infections from the NHS.
- Information on disability benefits if you have a health condition from GOV.UK.
FAQs About MRSA Claims
How Long Do I Have To Claim MRSA Compensation?
A time limit of three years applies to making a medical negligence claim as outlined in the Limitation Act 1980. This period may commence from either the date of injury or the date that you became aware of the illness (date of knowledge).
Can I Make An MRSA Compensation Claim On Someone’s Behalf?
The courts may appoint a litigation friend to start a claim on behalf of minors or claimants who lack the mental capacity to do so themselves. The time limit is paused for minors until they reach the age of maturity. Or frozen completely for those who lack capacity. The three-year period resumes if capacity returns.
Thanks for your interest in our guide on MRSA claims. Please reach out to advisors for further help.
