How To Claim Compensation For Hospital Acquired Infections – Full Guide

How Much Can You Claim For Hospital Infections And Illnesses

When we go to the hospital, we expect to get better. We don’t expect to pick up another illness. However, this can happen if there is ineffective infection control in hospitals and you have, therefore, picked up a hospital-acquired infection, such as Covid-19. Here at Advice.co.uk, we can help you to get the compensation you deserve if this has happened to you if you simply call 0161 696 9685. But first, read on to discover everything you need to know about claims for hospital infections.

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A Guide To Claims For Hospital Acquired Infections

Hospital acquired infection-compensation claims guide

Hospital-acquired infection-compensation claims guide

If you have suffered an infection acquired in a hospital, it can be very distressing and you may be wondering whether or not you are able to make a claim. In this guide, we will reveal everything you need to know. This includes taking a look at common hospital infections, for instance, hospital-acquired sepsis or Covid-19, as well as providing hospital-acquired infections statistics. We will also reveal the claims process and help you to understand the sort of payout you may get.

What Are Hospital Acquired Infections?

This relates to any type of infection you have suffered due to your stay in the hospital. It indicates that you would have gone to the hospital for a completely different reason, yet you have contracted an infection during your stay.

Private And NHS Hospital Infection Compensation Calculator

You will, no doubt, want to know how much compensation you are going to get. We do not recommend using a personal injury claims calculator, as they are not very accurate. Instead, check out the table below for the average payouts relating to hospital infections. The figures in this table are based on guidelines issued by a legal body known as the Judicial College. For an estimate more specific to your circumstances, give one of our expert advisors a call.

Injury sustainedTypical payout
Total Deafness and Loss of Speech£102,890 to £132,040
Total Loss of Taste and SmellIn the region of £36,770
Serious and permanent damage to or loss of both kidneys£158,970 to £197,480
Loss of spleen£19,510 to £24,680
Loss of Taste£18,020 to £23,460
Loss of Smell£23,460 to £30,870
Total Loss of Smell and Significant Loss of Taste£30,870 to £36,770

What Can I Claim For An Infection Acquired In A Hospital?

Of course, all hospital negligence claims are different and so it is impossible to give a definitive answer regarding how much you are going to be entitled to. Nevertheless, we will take a look at the different things you can claim for. This will help to ensure you receive the maximum amount you are entitled to.

General damages

Firstly, as is the case with any compensation claim, you may be awarded a sum to compensate you for any pain, suffering or loss of amenity the infection has caused you. The value of your claim will depend on the impact the infection has had on your life and the seriousness of it. However, this is not all you can claim for.

Special damages

You also have special damages. These essentially relate to the expenses you have incurred because of suffering from an infection. For example, you may not be able to drive, and so you may need to be compensated for travel expenses. Or, you may need to cover medical costs. Perhaps you have experienced a loss of income? Keep a record of all of this. Without evidence, you may not be able to recover the costs.

How Can Patients Acquire Infections In A Hospital?

If a hospital’s level of care falls below the reasonable standard expected, infections can be acquired because members of staff have not taken the correct measures to prevent them or because of the poor upkeep of the hospital overall.

Why Do They Happen?

There are many different reasons why infections can happen in hospitals. This includes the following:

  • A patient will have a weaker immune system than a healthy person
  • Patients can have broken skin, wounds, burns, or sores through which an infection can take hold
  • Hospitals are busy, so it is easier for infections to spread

Healthcare And Hospital Associated Infection Statistics

According to a paper published in the House of Commons Library, infection rates of E.coli have risen around 1.5% in the last five years, with 7,783 hospital-onset cases of this condition last year. On the other hand, c.diff has fallen by 22% over the past five years, with 4,650 cases last year. MSSA has risen by 17%, with 3,174 cases. Moreover, MRSA has fallen by around 25%, with 309 cases.

Common Infections Which Can Be Acquired In A Hospital

In the next sections, we will take a look at some of the most common hospital infections. If you cannot find the infection you have contracted below, don’t panic – you can still claim.

Claim Compensation For MRSA In A Hospital

Common symptoms associated with MRSA include:

  • Painful swelling and tenderness in the affected area
  • Red spots on the skin
  • Dizziness
  • Confusion
  • Fevers
  • Chills
  • A general feeling of being unwell

A patient can contract cellulitis if MRSA is not diagnosed relatively early, and this could be life-threatening. Other conditions it can lead to include septic arthritis, inflammation of the bone marrow, urinary tract infection, and sepsis.

MRSA Contracted After A C-Section Leading To PND

There have been numerous cases of this, and if you have experienced MRSA after a C-section you can claim. This is even more so the case if this has led to postnatal depression. When making any sort of claim, psychological injuries are taken just as seriously as physical ones.

MRSA Infections Acquired By Hospital Staff

Do you believe your employer is to blame for the MRSA you have contracted? If so, you can make a claim. All hospitals have a duty to provide their staff members with a safe and hazard-free work environment. Of course, there are risks when working in such an environment. However, if your employer has not followed the law and they have failed to protect you, for example, they have not provided training or they have not carried out risk assessments or supplied suitable PPE, you could be able to claim.

Facts About MRSA And Contagiousness

One of the most worrying things about MRSA is that it is highly contagious, especially if skin alterations or damage are present. It can be spread through indirect contact too.

E. Coli Hospital Infection Claims

This is typically contracted through unpasteurised milk and undercooked food. However, it can be passed from person to person too. Symptoms are typically short-lived, including vomiting, nausea, stomach cramps, and diarrhoea. However, it can cause kidney problems and even failure in serious cases.

C. Diff Hospital Infection Claims

C.Diff is a threat because it can survive for months on exposed surfaces and objects. It can lead to passing watery and foul-smelling diarrhoea, cramping, and abdominal pains. It can also cause colitis, which is an inflammation of the colon. Symptoms include weight loss, loss of appetite, fever, dehydration, and frequent cases of diarrhoea.

Bed Sore Infection Claims

As the name suggests, this is suffered by those who are confined to their bed for a long period of time, which is the case in hospital. Pressure ulcers can impact any part of the body that is under pressure.

Child Cellulitis Hospital Infection Claims

This is a deep skin bacterial infection, which tends to occur when your child has had some sort of trauma opening in their skin. This can be a very serious infection.

Hospital Catheterization Urinary Catheter Infection Claims

We have also helped people to make claims when they have contracted a urinary tract infection, or any other type of infection, that has been caused because of their catheter. Such infections are very common.

Hospital Employee Workplace Infection Claims

While infections are more commonly suffered by patients, as they have weaker immune systems, there have been many cases whereby employees have suffered due to an infection they have acquired at hospital. If this has happened to you, we can help you to get compensation.

Hospital Employee Ebola Virus Infection Claims

If you have been treating someone with the ebola virus, and the correct measures have not been taken, you could contract this infection, which is very, very serious. Symptoms include severe muscle weakness, a sore throat, muscle and joint pain, headaches, and high temperature. We can help you to make a claim if this has happened to you.

Duty Of Care Owed To Hospital Patients

All hospitals owe a duty of care to their patients. This means that by law they need to provide them with a safe and risk-free environment. This is one that should be clean and steps should be taken to prevent infections from spreading. If a hospital has failed to do this, you may be able to claim.

How To Prove A Hospital Or Staff Have Acted Negligently

Negligent hospital staff

Negligent hospital staff

In order to make a successful claim, you must show that the staff or hospital has acted negligently. This means that you need to show that your stay in the hospital is the reason you suffered this infection. For a lot of infections, it is likely that others in your vicinity will have contracted the infection too, and so this is something worth looking into. Furthermore, you may be able to acquire photographic and verbal evidence of dirty surgical instruments and unhygienic practices, which can also help to prove negligence.

Time Limits For Hospital Infection Claims

Don’t make the mistake of thinking you literally have the rest of your life to make a claim. The sooner you explore your chances, the better! And here’s why…

First and foremost, did you know that there is actually a medical negligence claims time limit, which is very similar to the personal injury claims time limit? You only have three years from the date an infection was contracted, or from the date you acquired knowledge that you had an infection. Of course, three years may seem like a long time. But for those who think they have all the time in the world, it quickly passes by, and then they are extremely disappointed to discover they have missed out on the money they were entitled to. Court proceedings need to be issued within this three-year period. You can view the table below for any time limit exceptions.

CircumstancesTime limit
NHS infection claim3 years from the date of hospitalisation or diagnosis
Private hospital claim3 years from the date of hospitalisation or diagnosis
Child infection claimParents can claim until the child’s 18th birthday. If they fail to do so, the child has 3 years from the date of their 18th birthday
Criminal activity involved2 years from the date of hospitalisation or diagnosis

Nonetheless, this is not the only reason why it is advised to make your hospital negligence claim as soon as possible. It is also recommended because it will be easier to make your case, as the details will be fresh in your mind. Getting witness statements will be more straightforward and the series of events will be fresher in your mind. It goes without saying that the longer you wait, the more difficult it will be for you to get everything you require to make a strong case.

How Do I Start A Claim For A Hospital Infection

If you want to make a hospital negligence claim, there are a number of steps you should take. This includes…

  1. Go and see the doctor – The first thing you have to do if you have experienced any type of injury is go and see a medical professional. This is something a lot of people do not do. Why? Well, not everyone likes going to the hospital, do they? So, if they believe they can cope with the injury themselves, they will. This is not advised for medical reasons, but it will also harm your chances of making a successful compensation claim, as there will be no proof of your injuries. Of course, if you have experienced a hospital infection, it is likely you will already be in the hospital. If you have been released, though, it is imperative to see a medical professional.
  2. Make details of the accident – After you have seen the doctor it is advisable to sit down and make a note of everything that happened. The injury will still be fresh in your mind and so you can refer to the details later down the line when necessary. After all, it can be easy to forget things.
  3. Make a formal complaint – It is always advisable to make a formal complaint to the applicable body. For instance, if you have suffered whilst getting treatment in a public hospital, you should make a formal complaint to the NHS. This will be useful when it comes to making a compensation claim, as it shows you have gone through the proper channels.
  4. Get in touch with a quality solicitor – The next thing you need to do is make sure you get in touch with a high-quality solicitor who can handle your claim for you. At Advice.co.uk all of the great medical negligence solicitors we can connect you with are experienced and work on a No Win No Fee basis. Simply ring us today and we will match you to the best one for your case. Not only are you guaranteed a first-class service, but also you will not need any money to begin your claim.
  5. Keep proof of any expenses encountered – Last but not least, as mentioned earlier, you can claim for all costs linked to what happened. However, you will need to keep proof of these costs if you are to successfully claim for them. This includes anything from travel expenses, to medical costs, to accommodation expenses, to childcare costs, and more. In fact, did you know that you will also be able to claim for loss of income as well?

No Win No Fee Hospital Acquired Infection Claims

We can provide you with a specialist No Win No Fee solicitor from our panel who will handle your claim for hospital infection for you. This type of service means you will only need to pay legal fees if compensation is successfully secured for you, and such fees are modest and indeed capped by law, so you won’t lose a large chunk of your compensation. Not only does this ensure you benefit from the best possible service, but the financial risk is eliminated as well. Moreover, you will not need any money to begin your claim, nor while it is ongoing.

How We Can Help You After An Infection In Hospital

When making a compensation claim there is one vital ingredient you need – an expert medical negligence lawyer. After all, the solicitor you choose has your chances of a successful claim in their hands. But that is not all. It is likely that the accident you have experienced will have taken its toll, and so you don’t need the hassle of a confusing and complex legal battle. Therefore, if you select wisely, you will also benefit from a stress-free experience. At Advice.co.uk, we are confident we provide a wonderful service for those who have suffered from an accident that was no fault of their own. Read on to discover why our service stands out from the crowd.

Free advice

First and foremost, it doesn’t cost a penny to benefit from our advice. Are you concerned that you don’t have the grounds for a claim? Instead of disregarding your chances, give us a call. You will speak to an advisor who will give you an honest evaluation regarding your chances of a successful claim. They will also talk you through the process and answer any questions you may have. As you can see from the table below, making a medical negligence claim is really straightforward with our service.

Contact our team by email, phone, or post.Our team will assess your claim.Once you are ready, we can then start your claim.

Experience

Advice.co.uk is a company with a wealth of experience to boast. We have successfully helped thousands of victims. All of the solicitors we can provide to you are qualified, highly skilled, and experienced. Therefore, you know Advice.co.uk is an organisation you can trust.

No Win No Fee

One of the main benefits associated with our service is the fact that we only match you with No Win No Fee solicitors. This eliminates the risk of having to spend money, only for your compensation claim to be rejected. After all, nobody wants the double blow of losing the case and having to pay hefty legal fees. This means you are going to benefit from a better quality of service as well.

Contact Our Team For Free Advice Today

The only thing you need to do now is to get in touch! Call us on 0161 696 9685, and see whether you have the chance of a successful hospital infection compensation claim. This helpline is open seven days a week, 24 hours per day. You can also enter your details on our website and we will call you at the earliest opportunity.

Advice And Resources

NHS – All about pressure sores – NHS information about this condition.

More information about E-coli – If you need to know more about E-coli then read here.

C.Diff – NHS information regarding this condition.

Workplace Rights

No Win No Fee Claims

 

Guide by OS

Edited by DEG