MRSA Compensation | Can You Sue Hospital For Getting MRSA - MND

Can You Sue Hospital For Getting MRSA?

Can You Sue Hospital For Getting MRSA?


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    MRSA compensation claims are claims made by individuals or persons whose loved ones were infected with MRSA while being treated in a hospital or after a recent visit to the hospital, medical or clinic.


    What is MRSA?

    MRSA is an acronym for Methicillin-Resistant Staphylococcus Aureus which is a form of bacterial infection caused by the Staphylococcus aureus bacterium. This bacterial infection is resistant to a wide range of antibiotics normally used to treat infections. This makes the infection much more difficult to treat when compared to other forms of bacterial infection.

    People who are more prone to contracting this form of staphylococcus aureus bacterium caused infection are persons who have weak immune systems as a result of some illness. People who have just had surgery also have a higher chance of being infected. MRSA is contagious and can be passed on from an infected person through contact.

    Normally, the Staphylococcus aureus bacterium is usually benign and lives harmlessly in almost 30-35% of the population. MRSA also lives on the skin of roughly 1 in every 30 people and causes no problems for them in any way which is why people are not aware of its existence. It is typically found in the groin, armpits, nose or buttocks and is known as carrying MRSA or colonisation.

    However, when a person who is a carrier of MRSA has any form of illness which weakens his immune system, the staphylococcus aureus becomes active creating problems for the person. Additionally, the bacterium is also activated in the presence of a broken skin. As soon as the bacteria enters the host’s bloodstream, it multiplies rapidly causing serious infections and affecting various parts of the body including the internal organs.

    If you or your loved one was infected with MRSA after a recent visit to the hospital, you may be entitled to make a compensation claim. It is important that you know that cases such as this can be very complex as you have to prove that the hospital had a responsibility to care for you (duty of care) and that you, without any doubt, contracted the infection in the hospital as a result of hospital staff being negligent in handling your treatment.

    For this reason, you need an expert medical negligence solicitor to help you navigate this tough process and get you a deserving compensation amount. Our solicitors are well experienced in cases like this and have helped many clients over the years to successfully prove their claims.

    Symptoms Of MRSA

    There are various symptoms that indicate the presence of MRSA in the bloodstream. These symptoms will however depend on the part of your body that is infected. For instance, MRSA infections to the lung will exhibit different symptoms to that affecting the blood, bone or heart.

    Generally, the following symptoms can be experienced;

    • Pus
    • Pain
    • Warmth
    • MRSA rash
    • Swelling
    • Redness
    • Confusion
    • Dizziness
    • Pains and aches
    • Chills
    • High temperature of 38C or above

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    How Can Hospital Negligence Lead To MRSA Infection?

    When you are ill, you are most likely to have a weak and compromised immune system meaning that you are vulnerable to MRSA infection. Also, if you are scheduled to undergo surgery, the bacterium may find it very easy to enter your bloodstream either during the operation or while taking a drip.

    Some of the commonest ways of passing on MRSA from one person to another is through touch or from infected hospital equipment.

    All Healthcare providers in the UK including NHS staff are given proper guidelines on how to prevent MRSA infections and are thus expected to follow through those guides as any act of negligence could lead to MRSA compensation claims.

    One way to ensure that patients are adequately cared for is to pre-screen them for MRSA on arrival before carrying out any planned treatment procedure. Those who are carriers are appropriately treated so that they are not exposed to being infected during treatment.

    Additionally, medical professionals are required to maintain proper hygiene always. This includes properly disposing of disposable PPE, washing hands thoroughly and regularly, use of hand sanitizers and properly sanitizing hospital equipment and surfaces.

    Furthermore, when a patient exhibits symptoms of MRSA, such a patient is urgently attended to as well as isolated so as to contain the infection and prevent it from spreading.

    Therefore, when hospitals fail to adhere to these guidelines, instead negligently treating a patient or being careless with the patient’s treatment, the person could be infected with MRSA and such a person or the loved ones may take legal actions against the hospital or the responsible staff.

    Can I Sue A Hospital For Getting MRSA?

    There are three scenarios for which one may make legal MRSA claims against a hospital. These are;

    • Breach of the COSHH regulations
    • Negligent treatment of MRSA
    • Negligent acquisition of MRSA

    Breach Of The COSHH Regulations

    According to the Control of Substances Hazardous to Health (COSHH) Regulations 2002, hospital and health centres are obligated to make sure that exposure to harmful substances is reduced to the barest minimum. If the hospital fails to meet up with this directive, they have breached the COSHH Regulations and you may be able to make claims.

    However, some Courts are still not very convinced if the COSHH Regulations applies to cases of MRSA as the laws concerning MRSA are not clear cut.

    Negligent Treatment Of MRSA

    This scenario refers to negligent handling of your condition by hospital staff. Here the hospital and its staff have failed in their duty of care towards you failing to provide you with the proper treatment for your condition. Here you have to demonstrate that the hospital failed to provide you with adequate care and that such negligent treatment directly resulted in your pain, suffering or other complications.

    Negligent Acquisition Of MRSA

    In this case, you have to show that you were free of this infection prior to your coming to the hospital but contracted the infection while in the hospital. Also, you have to show that you did not receive proper treatment and care and that you have suffered preventable losses, injury and other damages as a result of such negligence.

    In cases such as this, the court will make investigations to know if the hospital had taken appropriate measures to reduce to the barest minimum the infection risk level.

    Whatever type of MRSA claims you wish to make, we are here for you. Our solicitors have a proven track of success with medical negligence claims being highly experienced in this area of civil law. We will ensure that we give you the best possible legal representation and build a strong case that boosts your chances of being favorably compensated.

    How To Prove Negligence And Make MRSA Claims?

    There are several aspects that have to be demonstrated in order to have a successful MRSA claim. Therefore, before you can sue a hospital for getting MRSA, you be able to show and establish the following;

    • You have to show that pre-admission screening did not show any signs of the infection but only surfaced during or recently after hospital admission.
    • Or on the other hand that your pre-admission screening actually showed signs of MRSA but you neither received proper diagnosis nor treatment.
    • The care or treatment you received for your wounds or other health conditions which put you at risk was negligent.
    • Proper medical hygiene measures were not taken during your stay at the hospital.

    If you are able to demonstrate some or preferably all of the above aspects, then you have a strong MRSA claim and you could be entitled to an MRSA claim’s compensation. This compensation will take care of the avoidable pain and suffering you were made to experience, loss of income including out of pocket expenses, future prognosis and other financial impacts from the illness.

    It is also very important that you provide the following documents to support your claims-

    • Comprehensive statements and details regarding the incident
    • Medical reports including tests and scan results
    • Photographs where there are visible injuries
    • Information from witnesses who are well aware of the negligent treatment you suffered. These could be family or friends
    • Record of financial expenses and losses incurred as a result of the injury. This forms part of your special damages and will be taken into account while negotiating your compensation award.
    • You might also need an independent medical expert to make thorough medical investigations on you and give a report.

    Be rest assured that whatever it is, we are here to support you to ensure that the claims process is smooth and doesn’t add an additional burden to you.


    How To Begin My MRSA Claim?

    With our solicitors you do not have a hard time beginning your MRSA claims. All you have to do is contact us via our phone numbers or fill out our Online Free Claims Assessment Form and one of our lawyers will reach out to you to set up a meeting and discuss your claims extensively. We are open to answer whatever questions you may have concerning the MRSA claims process and ensure that you are well supported every step of the way as we understand how difficult a situation you have found yourself.

    Even if you are making the claims on behalf of a loved one, we are here to guide you with valuable pieces of legal advice and assistance.

    After discussing your claims and we are convinced that you have a valid claim, we will proceed to fund your claims. Thereafter, we will proceed to help you gather the evidence you need to prove your claims and defend you ensuring that we demonstrate liability of the defendants beyond reasonable doubt. If the case goes to a law court, be rest assured that you will receive the best legal representation taking all necessary measures to see that justice is served.

    Now you do not have to be scared about the cost of legal fees as we will undertake your claims under our No Win No Fee policy which allows you to make claims without having to pay any upfront legal fees. We also take out an insurance cover that protects you from paying a dime even if the outcome of the case does not favor you.

    However, we are very confident that you case just as that of others we have represented will be successful. Therefore, at the end of a successful case, we will deduct 25% of your compensation award after it is paid as “success fee” while you receive the rest of the payout value.

    How Much Compensation Can I Claim For MRSA?

    Your settlement amount is not fixed but is determined by several factors as it applies to your case. When all these factors are put together, then a compensation amount can be arrived at. These factors include;

    • Type of injury sustained and location of the injury
    • Severity of the injury
    • Losses and damages incurred as a result of the incident
    • Financial losses including out of pocket expenses
    • Future prognosis
    • Travel expenses for medical treatment
    • Costs of rehabilitation
    • Costs of purchasing any mobility aids and other assistive devices
    • Costs of hiring caregivers where applicable
    • Costs of making housing adjustments

    How Long Do I Have To Make My MRSA Claims?

    According to the Limitation Act of 1980, an intending claimant has a three-year time frame to make claims. This period of time begins from the date of the negligent treatment or when the negligent treatment was first noticed.

    When you come to us, our solicitors will explain better how this Act applies to your case and whatever exceptions there are. It is always advisable to make your medical negligence claims as soon as possible when facts are still memory fresh and evidence untampered with.

    Reach out to us today and let us begin the process to get you justice for the wrong done to you.

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