Everything You Need To Know About Hospital Acquired Infection Claims

Last Updated: 3rd November 2025. Hospital acquired infection claims are a type of medical negligence claim filed if poor hygiene led to the contraction of an avoidable infection, such as MRSA or C. Diff. A patient who experienced substandard care and treatment leading to their infection can file a claim to be compensated for their physical pain and emotional suffering as well as any incurred costs (such as lost wages, nursing care and domestic support). Alternatively, a loved one can claim on behalf of the patient if they lack the capacity to do so themselves. 

What You Need To Know About Hospital Infection Claims:

• What are some steps that can be taken to avoid hospital-acquired infections? Some steps which can be taken to avoid hospital-acquired infections include disposing of needles correctly, washing hands properly and ensuring the cleanliness of surgical instruments.
• Can I make an infection claim against the NHS? Yes, you may be able to make an infection claim against the NHS if you fell sick due to the negligent actions of NHS staff.
• Do I need to go to court for my claim against the hospital? No, you won’t necessarily have to go to court since most of medical negligence claims are settled out of court.
• Can I sue a private hospital for an infection? Yes, you may be able to sue a private hospital for an infection acquired after surgery. If your claim is successful, you will receive compensation through their liability insurance.
• Does Advice charge any consultation fees for the first session? No, your initial consultation will be on us, and there is no fee.

Our expert solicitors at Advice have experience in dealing with a variety of medical negligence claims, and they do their best to uphold the interests of patients throughout the country. Get in touch now to know more:

• Call on 0161 509 2856.
• Contact us online.
• Use our live chat feature.

Frequently Asked Questions

1. What Are Hospital Acquired Infection Claims?
2. Can I Claim If I Acquired An Infection Whilst In Hospital?
3. How Much Hospital Acquired Infection Compensation Can I Get?
4. Case Study: £125,000 Settlement For Post-Surgery Infection Claim
5. How Can Hospital Negligence Lead To Contracting Infections?
6. How To Make Hospital Acquired Infection Claims
7. What Can Advice Help With?
8. Hospital Acquired Infection Claims FAQS
9. Learn More

What Are Hospital Acquired Infection Claims?

In essence, hospital acquired infection claims can arise due to the negligence of hospital staff. Due to the busy-nature of hospitals, it’s essential that healthcare professionals take proper care in preventing bacterial infections from spreading to patients.

As such, please see the following examples of various illnesses and infections that you could contract in a hospital environment:

• E.coli  may cause vomiting, diarrhoea, stomach cramps and bowel problems, also leading to urinary tract infections and bacteraemia.
• Clostridioides or C-diff is a bacteria that often causes patients to experience diarrhoea, high temperatures, appetite loss and stomach aches.
• MRSA or methicillin resistant staphylococcus aureus can result in breathing difficulties, chills, dizziness and high temperatures. This infection can be fatal and requires urgent antibiotics for treatment
• Sepsis – this relates to your body’s reaction to an infection, causing damage to healthy organs and tissues, which can sometimes be fatal.

To discuss an infection that you acquired at a hospital, please contact one of our friendly advisors today. You could receive a detailed assessment of your case and advice about your claim’s chances of success.

Can I Claim If I Acquired An Infection Whilst In Hospital?

Yes, you could claim if you acquired an infection whilst in hospital, provided that you meet the eligibility criteria. As such, you must satisfy the following:

• You were owed a duty of care
• A healthcare professional breached this duty of care
• You suffered unnecessary harm as a result of the breach

In essence, healthcare professionals have a duty to provide the minimum expected standard of care when treating patients. For instance, healthcare professionals should provide the correct medical advice and assess allergies as part of their duty of care.

Therefore, if a healthcare professional fails to adhere to their duty of care, you could suffer avoidable harm as a result. Consequently, if you’ve experienced a hospital acquired infection at the hands of a healthcare professional, you may be eligible to make a claim

To find out more about eligibility for hospital acquired infection claims, please contact one of our helpful advisors today.

How Much Hospital Acquired Infection Compensation Can I Get?

In successful hospital acquired infection claims, you could be entitled to general damages as part of your compensation payout. The award of general damages ultimately aims to compensate you for any physical or psychological pain and suffering you experienced.

Commonly, the Judicial College Guidelines (JCG) are often used by professionals in the legal sphere when allocating values to types of harm. For instance, a solicitor may use this publication when providing a compensation estimate to a client after they experienced medical negligence.

All entries below, aside from the first figure, have been taken from the JCG for common types of harm. It must be emphasised that they are merely guidelines and do not guarantee how much compensation you could receive.

• Multiple severe injuries with special damages –  for lost earnings and medical expenses and nursing care could be awarded – Up to £1 million plus.
• Very Severe Brain Damage – often causing a lack of language function and an intellectual deficit with total reliance on full time nursing care  – £344,150 to £493,000
• Moderately Severe Brain Damage – very serious disability with substantial dependence on others and need for constant care – £267,340 to £344,150
• Moderate Brain Damage (i)  – cases which pose a significant risk of epilepsy and no prospects of employment due to the moderate to severe intellectual deficit – £183,190 to £267,340
• Kidney Injuries a) – involving serious and permanent damage to or loss of both kidneys – £206,730 to £256,780
• Kidney Injuries b) – Where there is a risk of future urinary tract infections with substantial future medical expenses – up to £78,080
• Loss of one kidney with no damage to the other could result in £37,550 to £54,760
• Female Reproductive Injuries (d) – infertility with no aggravating factors or sexual dysfunction in a young person with no children – £21,920 to £44,840
• Spleen Injuries a) – A loss of a spleen where there is continuing risk of an infection due to the immune system damage – £25,380 to £32,090
• Spleen Injuries causing little to no infection risk could result in £5,310 to £10,550

For an in-depth assessment of your personal medical negligence experience, please contact our helpful advisors today.

What Other Damages Can Hospital Acquired Infection Claims Cover?

In addition to general damages, you could also be entitled to special damages in successful hospital acquired infection claims. The award of special damages will reimburse you for any financial losses you experienced due to the infection you suffered. For example, you may have paid out-of-pocket expenses for long-term counselling sessions after your traumatic experience.

Please see the following examples of special damages that you could include in your claim:

• Loss of earnings, such as lost current or future income, loss of a promotion and a loss of workplace benefits such as pension schemes
• Medical expenses, such as private medical appointments and prescription costs
• Care costs, such as childcare or elderly costs you incurred as well as your own care (such as a private nurse while you recover)
• Home modification costs, such as chair lifts and hoists
• Travel expenses, such as transport to and from appointments

Essentially, you must support any special damages with evidence such as:

• Receipts
• Invoices
• Payslips
• Bank statements

To learn more about the different types of special damages you could include in your claim, please contact one of our advisors today.

Case Study: £125,000 Settlement For Post-Surgery Infection Claim

Following routine surgery, Mr X was waiting to be discharged when a nurse checked his dressings without washing her hands or putting on gloves. He was readmitted to the hospital with symptoms of MRSA. This required a prolonged stay and strong antibiotics, resulting in time off work and needing to hire a dog walker to mind his pets. He was not able to return to work in the same capacity and had to have his hours reduced permanently.

A settlement of £125,000 was secured for Mr X. This covered compensation for his physical pain, emotional suffering, his lost wages (including for his reduction in working hours), prescription charges and home carers and the cost of the dog walker (both while he was at hospital and after he returned home but was still too unwell to care for his pets).

This is only an illustrative case study. Our advisors can discuss your situation and, if you’re eligible, connect you with one of our solicitors who can help you make a claim.

How Can Hospital Negligence Lead To Contracting Infections?

Notably, there are many different types of infections that you could contract due to hospital negligence. Please see the following examples and how they may lead to hospital acquired infection claims as a result:

• Nurses may fail to conduct good hygiene practice on wards. For instance, a failure to wash hands, bedding, cutlery and clothing may result in the development of MRSA , organ damage and physical pain.
• Healthcare professionals may also fail to provide post-surgical care following an operation. For instance, a nurse could fail to clean the site of an appendectomy wound, leading to pain and even the development of sepsis.
• A surgeon may use unsterilised equipment such as forceps, during an operation. Consequently, you could develop a severe infection and psychological injuries such as post-traumatic stress disorder. As a result, you could make a surgery compensation claim.
• A failure to move patients that are immobile may result in the development of pressure sores and subsequent infections.

Hospital acquired infections may even lead to serious and life-threatening consequences, especially to patients with underlying health conditions and weakened immune systems. Therefore, our solicitors can help you achieve a sense of justice if you have experienced an avoidable infection from a hospital. To discover more about the common hospital acquired infections, please contact one of our friendly advisors today.

How To Make Hospital Acquired Infection Claims

In successful hospital acquired infection claims, it’s essential that evidence is provided to support your case. In essence, you must prove that a healthcare professional acted negligently, resulting in you developing an avoidable infection and subsequent harm.

Please see the following examples of evidence that you could provide:

• Your medical records that detail the level of harm you experienced
• Contact details of any potential witnesses who could support your version of events at a later date, such as a friend who visited you in hospital
• A daily symptoms diary that details the harm you suffered
• Photographs or videos of the harm you experienced, for example, if you filmed unsanitary conditions in the hospital
• Test results, x-rays or scans
• Correspondence between yourself and the medical institution where you received the negligent treatment

If you’re connected with one of our expert solicitors, they could help you with any evidence-gathering.

Moreover, you will typically have up to 3 years to make hospital acquired infection claims.The 3 years could starting running from either:

• The date on which the medical negligence occurred, ie, the date you had surgery.
• The date of knowledge. This is the date on which you would first realise, or be expected to, that the infection was caused by substandard medical care.

The medical negligence claim time limit is set out by the Limitation Act 1980.

Furthermore, there are two notable exceptions to the above time limit such as:

• If the claimant is a child, they will be required to wait until their 18th birthday to make their claim. From this date, they will have until their 21st birthday to claim.
• If the claimant is lacking in mental capacity, they can only make a claim if the mental capacity is regained. They will have 3 years to make their claim from the date it is regained.

For both types of claimants above, you could claim on behalf of a loved one by assuming the role of a litigation friend. Often presenting as parents, guardians and close family members, litigation friends work to prioritise the claimant’s best interests throughout the process. To learn more about applying to become a litigation friend, please contact our advisors today.

What Can Advice Help With?

At Advice, the friendly advisors are always here to help with any questions you may have about hospital acquired infection claims. If a medical professional fell below the standard of care, our advisors are here to help you achieve a sense of justice. Following a free case check, you could also be connected with one of our specialist No Win No Fee solicitors to start your claim. By operating under a Conditional Fee Agreement (CFA), you could experience:

• No fees at the start or throughout your claim for solicitor’s services
• No solicitor fees in the event that your claim is unsuccessful
• If your claim is successful, you’ll only be required to pay a small success fee for the work your solicitor has done. Notably, the percentage will be taken from your compensation and is legally capped. Consequently, you’ll always receive the bulk of your settlement.

You could also enjoy the following benefits if you make a claim with us:

• Arrangement of an independent medical report to support the harm you suffered
• Regular case updates so you always know where your claim stands
• Explanations of key terminologies
• Assistance with signing legal documents
• Help with gathering and chasing evidence to support your claim

Contact Our Team 

To get help with making hospital acquired infection claims, please get in touch with one of our helpful advisors today:

• Call us on 0161 509 2856
• Contact us by filling out our online form
• Use our free live chat feature

Hospital Acquired Infection Claims FAQS

Below we answer a few frequently asked questions (FAQs) about hospital acquired infection claims.

Can You Claim For Hospital-Acquired Infections?

Yes, you can if you contracted an avoidable infection due to poor hygiene amongst the hospital staff. You will need to prove that a breach in duty by providing substandard treatment (such as not washing hands) caused your avoidable harm.

What Is The Compensation Awarded For Hospital Acquired Infections?

Compensation awarded for hospital-acquired infections will include general damages for physical and emotional pain and suffering, and may also include special damages for incurred financial losses, such as lost wages, prolonged care costs, and domestic support (including the costs of hiring a cleaner). Actual awards will vary between claimants due to case variables, such as different types of harm and expenses.

Can You Sue For Hospital-Acquired Pneumonia In The UK?

Yes, you can sue for hospital-acquired pneumonia if it developed due to the negligent care and treatment you received, as this would constitute medical negligence. This applies whether you suffered negligence in an NHS hospital or a private healthcare setting.

Learn More

To learn more about medical negligence claims, please see some of our other guides:

• Get help with the GP negligence claims
• Learn about missed fracture compensation claims

Additional external resources:

• Learn about how to receive Personal Independence Payments (PIP) from Gov.Uk
• See the following advice on getting back to normal after an operation from the NHS
• Get help with managing sick leave and return to work from the Health and Safety Executive (HSE)

Thank you for reading our helpful guide about hospital acquired infection claims. Please address any further queries to an advisor.