By Mark Ainsdale. Last updated 13th July 2021. Welcome to our guide on MRSA settlements, where we answer the question, “can you sue a hospital for getting MRSA?” The title is a great question and, unfortunately, still a personal injury claim problem in the world. There are many factors to consider when filing an MRSA claim about how much compensation you could claim if acquiring MRSA due to the negligence of a hospital environment and the overall outcome. The last several years would see the NHS Trust making over £25 million in claim payments to the sufferers of this superbug.
There are three distinct types of legal claims you can be compensated for when a patient contracts MRSA. The first is if a hospital has been negligent and a superbug has been transmitted with caregivers, healthcare providers and residential homes. The second is the negligence of treatment for an MRSA infection, and the third is a breach of the Control of Substances Hazardous to Health (COSSH). Any of these, if successful, could result in the NHS making MRSA settlements.
The first step is always deciding how you would like to start your claim. If you feel that you have a compensation claim for contracting MRSA, you can either write a letter to the pertinent NHS trust Chief Executive or you can contact a solicitor straight away who will be able to advise you how best to go about making such a compensation claim. Medical Negligence Assist has been helping and supporting victims of medical negligence for years and have the experience to ensure that you get the maximum amount of compensation. We offer a free, legal confidential consultation so that anyone wanting to pursue a claim for medical negligence can have their case weighed up by a specialist solicitor.
The amount of MRSA compensation you receive will depend on several factors. Our professional and courteous solicitors will guide you through the process and provide you with an estimated value based on these factors. It will depend on how severe your injuries are and if there was any mental anguish involved. If you lost any quality of life or are unable to carry out your daily duties and any costs you incurred and may incur in the future, you will also play a role in the amount of compensation you could receive.
Our legal representatives at Medical Negligence Assist will also assess costs that you and your family incur when looking after you and establish any necessary equipment or modifications to dwellings, travel costs to receive medical treatment, and any loss of wages or earnings due to the injury. Please call us to see how you could potentially claim MRSA settlements for your suffering.
Over the past several years, there’s a worldwide decline of over 50% in MRSA. That comes from there being less than 31,000 severe cases and under 9,000 deaths. According to the CDC, MRSA is still a severe threat to patients, and in fact, over 30% of people carry staph bacteria, but only 2% of the population carry MRSA. Still, the problem lies with the invisibility of outward signs of being infected. Here at Medical Negligence Assist, we follow and stay abreast on all legal proceedings and claims of MRSA infections and negligence cases to give you the best representation and legal competency so that all the processes and procedures are covered, allowing you to recuperate as quickly as possible.
What is MRSA?
Before we answer the question, “can you sue a hospital for getting MRSA”, let’s explain what MRSA is. So, MRSA is a superbug that has built up resistance to commonly used antibiotics like Methicillin that were once effective in killing staph. These resistant bacteria are called methicillin-resistant staphylococcus aureus or MRSA. The Staph bacteria can cause various and relatively minor infections; however, this is not a bacteria to be underestimated. It can lead to very serious infections connected with the heart, lungs and blood.
When outward signs of the bacteria start to be pronounced on the skin, the patient will see signs like boils, impetigo, abscesses and wound infections that will not heal with administered antibiotics. Staph can also enter the bloodstream causing lung infections, heart valve issues and septicaemia or blood infections. But if MRSA develops due to someone else’s actions or lack thereof, you could claim MRSA settlements.
When could I claim for MRSA settlements?
This is in any scenario where you feel that you contracting MRSA was an avoidable situation. Now, this could be a doctor placing you in a position where the infection was rife. Or perhaps you’re receiving insufficient medication to battle the virus. In any event, though, numerous scenarios could see you making medical negligence claims for an MRSA settlement.
How does the claims process work?
You need to recover from the virus first and foremost. After all, your health must take priority, and it could be some time before you completely overcome the virus. But once you reach that stage, it’s then about you gathering the evidence to support a potential claim. Note that this should only happen if you feel that negligence would cause you to contract MRSA. It’s not merely a case of you picking it up, but rather that someone else’s actions are the contributory cause.
Assuming that’s the case, though, you could then speak to a personal injury solicitor. This then allows the solicitor to examine the validity of your case. And if it appears that you have a strong case, they will take it on and represent your compensation claim. At that point, you would make an intention to claim, and negotiations begin between your solicitor and the defendant. And all being well, these negotiations result in a successful MRSA settlement agreement.
MRSA Prevention and Hospital Negligence
MRSA prevention in hospitals, health care facilities, residential home care and physician offices has been under a microscope for several years as the MRSA claims keep flooding courts and solicitors offices. Cleanliness and meticulous hygiene are of extreme importance, and these facilities must keep records, reports, guidelines and documentation of everything that happens within their walls.
The failure of staff within these facilities to perform basic prevention measures such as washing hands, sterilising equipment, walls, floors, counters, instruments, and bedding after every patient is seen, treated or discharged otherwise, they could face serious accusations and claims against them.
In the UK alone, over 16,500 cases of staph bloodstream infections saw an increase of 8% over last year during the same time period of August 2015 to August 2016. With that being said, hospital negligence seems to be on the decline. Only 4% of the bloodstream infections were related to MRSA within a hospital setting, and over 60% of the 1,477 MRSA cases reported were due to being contracted outside of a hospital.
So, where does the virus begin for those eventually receiving MRSA settlements? Those usually contract MRSA with compromised immune systems, such as hospitals, home facilities, clinics, and healthcare provider situations. Those with a compromised immune system could be long-term hospital stays, cancer suffers or those who take medications that weaken the immune system, dialysis patients, illegal intravenous drug users and those who have undergone surgery and returned to the hospital within the year.
Over 55% of hospital or health care facilities with contracted MRSA cases have been associated with the methicillin-resistant strain of staph. MRSA is usually contracted by skin to skin contact where there is an open skin area, whether through surgery, burn, needle, or other instruments or foreign body punctures to the skin. The health care facilities have vast numbers of patients and healthcare workers present, which presents a great opportunity for bacteria to spread rapidly. MRSA bacteria can survive for a long time on surfaces like counters, door handles, floors, and objects that can rapidly transfer the bacteria amongst several people.
Can a Claim be Made for a Person who Contracts MRSA Through a Hospital?
When wondering, “can you sue a hospital for getting MRSA,” you may also wonder if those contracting it via the hospital can claim. The short answer to this is yes, but it is always strongly advised that you use a solicitor with years of experience and good outcomes when dealing with any medical negligence case. Medical negligence is complex, to say the least, and can be very difficult to comprehend in parts. It is no longer acceptable in the eyes of the courts to state that you contracted MRSA through a hospital because of the common knowledge that hospitals cannot always reduce or eliminate MRSA. The courts will only look at the MRSA guidelines and policies of the hospital in question regarding risk assessments and precautions taken by the hospital.
Our experienced and knowledgeable solicitors will sequester documents from the hospital in terms of their guidelines and policies for prevention and risk factors associated with MRSA to be able to assess your unique case and claims. If they find substantial means for action on your part, they will render their claim on the court system to have the final say if you have a potential claim against the hospital.
There has to be proof that you contracted MRSA from the hospital or residential home, and it must be proven that the treatment you received was negligent in some way. You and your personally selected team of solicitors will have to prove that if the treatment you received had been appropriate, you would not have contracted MRSA and the actual infection of MRSA has to have caused you injury or some loss. Please get in touch to see how you could claim any MRSA settlements.
No Win No Fee Arrangements and MRSA Claims
Choosing whether to contact the hospital complaints system or appointing a solicitor first is entirely up to you. You can always contact us first to receive a free legal consultation so you can be advised on what measures should come first. Our skilled team of solicitors will file your compensation claim under the no win, no fee agreement. You can also ask them for a legal expenses insurance policy to help fund your compensation case.
A No Win No Fee arrangement is between you and your solicitor or law firm that if your compensation claim for medical negligence is not heard or they don’t win compensation, they will not charge you a fee for their services. There usually are no up-front costs out of your own pocket, and we here at Medical Negligent Assist are happy to work with you and take all the risks and cover all costs associated with legal representation and processing of your claim. If your expert team of highly qualified solicitors do win the compensation case and you receive any MRSA settlements, then most likely, there will be a success fee added to the bottom line cost of their representation and legal fees.
How the No Win No Fee arrangement works is that when inevitably your solicitors from Medical Negligence Assist win your case, then you only have to pay your solicitor fees from a percentage of your damages. The agreed-upon amount is usually a percentage of your compensation and is directly paid to them right out of the compensation claim payment. The legal document for the arrangement is called a CFA or a Conditional Fee Agreement, a legally binding, formal written agreement between you and your personal expert team of professional solicitors.
What Happens Next
So, what next, as you wonder, “can you sue a hospital for getting MRSA?” When you visit our website, please fill out the contact form, and one of our highly qualified solicitors will get back to you promptly. They will then go through all the documents needed to establish your claim. Our solicitors will run your case on a No Win No Fee agreement if they’re completely certain that they can win your claim case in court. If our expert solicitors take on your claims case they will walk you through the CFA process and keep you informed of the process as it proceeds.
When going through the process of your No Win No Fee agreement, keep in mind that the normal fee is around 25% of the compensation if you win your case. Ensure to read all the fine print and understand fully before signing the legally binding agreement to make sure you know exactly what the fee is and what you are signing up for. There may be other fees associated with your unique case and if you want the legal expenses insurance policy or the after the event insurance, know these come in as an added cost.
Most personal injury compensation claims have a time limit to be filed within 3 years of the injury or loss. Note that they could still take a long time to reach a resolution. Most personal injury compensation claims are paid out of court, meaning that the entities insurance company has no disputes with the claims of liability and severity of the injuries incurred. This is usually done during a meeting of investigative nature where all evidence is taken into account by the insurance company and your unique team of chosen solicitors. They agree and settle on the amount of compensation that is due.
The process of out of court settlements is beneficial in that no court fees are incurred. If your case happens to need a court hearing, our expert solicitors will walk you through the entire court process and procedures to ensure you are prepared. Once your clinical negligence compensation claim reaches an agreement, you will receive your MRSA settlements within 14-28 days.
The timeline of payment depends on if you settled out of court or in court. If your personal solicitors settled out of court, most likely you will receive payment in a shorter time period, but if you had to go through court proceedings, you would most likely be on the longer payment terms of closer to 28 days.
Depending on the country across the UK you suffered the injury, the local and national injury levels and law may differ in each location. Within each city of these countries, the law should remain pretty consistent. The court where your personal injury claim is heard will depend on which location you file and where your professional solicitors need to bring your case.
If you have suffered from an MRSA related negligent case or some other personal injury loss, make sure to be within the proposed time frame and visit our experienced claims team. We have the expertise and experience to help you walk through the entire process with ease. Do not try to go it alone and get the compensation you deserve for your injuries.
No injury should be caused by negligence in any health care facility or place of work or residence, and if you have been injured, getting our professional. Expert solicitors who will back you during your long journey in obtaining injury compensation could mean the difference between suffering for years to come and actually moving on from this tremulous place you find yourself in.
MRSA Settlements FAQs
Can you sue the NHS for MRSA?
Yes, you can, assuming you have strong evidence to prove that NHS staff and/or NHS facilities hold liability for your MRSA.
Is MRSA a death sentence?
Not necessarily, no. In fact, many patients make a full recovery despite the high risk of infections. But if MRSA infects organs such as the heart or brings on sepsis, MRSA could potentially result in death.
Are hospitals liable for MRSA?
They can be, but only if you can prove that medical negligence is why you are contracting MRSA. You can see some examples of medical negligence compensation payouts in the table below. But we can calculate specific amounts for your case.
|Injury or Illness Resulting From Medical Negligence||Potential Value|
|Traumatic death in which the deceased is fully aware and awake||£11,770 to £22,350|
|Unconsciousness followed by death after 6 weeks||£3,530 to £4,120|
|Immediate unconsciousness followed by death within one week||£1,290 to £2,620|
|Infertility arising from a failure to diagnose an ectopic pregnancy. Higher awards for those who don't have children.||£31,950 to £95,850|
|A delay in diagnosing an ectopic pregnancy but where fertility is not affected.||£3,180 to £19,170|
|Mental anguish - a fear of impending death, particularly pertinent in cases of severe allergic reactions to medication||£4,380|
|Mild allergic reaction to the likes of wrong medication||£860 to £3,710|
|A slightly more serious allergic reaction to wrong medication||£3,710 to £8,950|
|A serious reaction to medication that may require a short hospital stay to recover from.||£8,950 to £18,020|
|Severe toxicosis likely resulting in hospitalisation. May result from incorrect medication being dispensed.||£36,060 to £49,270|
What happens if I have MRSA?
It could lead to you contracting pneumonia or, in severe cases, sepsis.
How long is a hospital stay for a staph infection?
For a mild bout of MRSA, it could be around 5 days. But severe cases could see a patient stay at a hospital for much longer.
Is MRSA a staphylococcus (staph infection)?
MRSA itself is not a staph infection but rather a cause of a staph infection that resists antibiotics.
Will I have MRSA for the rest of my life?
Most sufferers that make a full recovery move past MRSA, but some victims may see the virus reappear several times.
How long are you contagious with MRSA?
It could be for some time, perhaps as long as six months, depending on its presence within the body.
Thank you for reading our guide on MRSA settlements. We hope that we’ve answered the question, “can you sue a hospital for getting MRSA?” But please contact us for legal advice if you have any further questions.