By Stephen Hudson. Last Updated 21st October 2024. Welcome to our guide on hospital infection claims. If you’re looking for advice on how to sue a hospital, you’ve come to the right place.
Over the past few years, there have been a number of infection outbreaks at hospitals across the UK. If you’ve suffered an infection while in hospital, and you believe the staff at the hospital are to blame, you could be entitled to compensation. This could be because hospital equipment wasn’t cleaned properly or because the staff did not follow the correct procedures. No matter the reason, we will help you to claim the highest compensation you are entitled to. We have many years of experience in these types of cases.
Whether you have queries in relation to Clostridium difficile (C diff) compensation claims or want to know more about hospital acquired infections compensation, contact us at a time that works for you. You can call us on 0800 073 8804. If you prefer, you can contact us through our website or by using the Live Chat window on your screen.
Read on to find out more about claiming. This guide will answer important questions, such as “what kind of infections can you get in the hospital?” and provide examples of where you might be able to claim.
Select a Section:
- How Much Compensation Could I Receive For A Hospital Acquired Infection?
- Can You Sue A Hospital For An Infection?
- What Evidence Do I Need For Hospital Infection Claims?
- The Most Common Types Of Hospital Infections
- No Win No Fee Hospital Infection Claims
- Further Resources
How Much Compensation Could I Receive For A Hospital-Acquired Infection?
So, how much hospital infection compensation could you receive if you make a successful claim? This can be a difficult question to answer, because all claims are different, which means all payouts are, too.
If you make a successful medical negligence claim, you will receive general damages. This head of compensation addresses the pain and suffering you go through as a result of the harm you have suffered, both physically and psychologically.
General damages also cover loss of amenity. This means loss of enjoyment. For example, an infection like meningitis can result in the amputation of your leg. In this case, you may be unable to enjoy previous hobbies, like playing rugby or dancing.
When solicitors value this head of your claim, they may reference the Judicial College Guidelines (JCG). This document can be very helpful because it contains guideline compensation brackets that correspond to a list of different injuries and illnesses.
You can take a look at some examples of these in the section below. However, please be advised that these are only guideline amounts, and the first entry in this list isn’t from the JCG.
- Multiple serious injuries plus special damages could result in Up to £1,000,000+
- Very Severe Brain Damage resulting in little to no language function could result in £344,150 to £493,000
- Moderately Severe Brain Damage causing a significant disability could result in £267,340 to £344,150
- Moderate Brain Damage (i) causing a moderate to severe intellectual deficit could result in £183,190 to £267,340
- Serious loss or damage of both kidneys could result in £206,730 to £256,780
- Total loss of natural kidney function could result in 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 resulting in infertility caused by disease could result in £140,210 to £207,260
- Loss of spleen could result in £25,380 to £32,090
- Spleen Injuries causing little to no infection risk could result in £5,310 to £10,550
You may also be due special damages. This head of claim isn’t awarded to every claimant, as it covers the financial losses you’ve endured because of the harm you went through. For example, following a hospital-acquired infection, you may be unable to continue in your previous job. If this caused you to lose out on earnings, then these could potentially be recouped under special damages. This includes both past and future lost earnings, for example, if you are no longer able to work.
Special damages can also help you cover the cost of:
- Private medical treatment
- Childcare
- Prosthetics
- Cosmetic aids
- Housekeeping
- Travel
- Rehabilitation
- Home adjustments
To learn more about compensation in hospital infection claims, contact our team of advisors today. Or, keep reading for more information.
Can You Sue A Hospital For An Infection?
To be able to sue a hospital, you will need to show that a medical professional breached the duty of care they owed you, causing you to suffer unnecessary harm. Per their duty of care, all medical professionals must ensure that they provide you with the minimum standard of care when treating you as their patient. If they fail to do this, you could suffer unnecessary harm, and you might be eligible for compensation.
For example, some hospital-acquired infections can be spread through poor hygiene. If a medical professional, such as a nurse, fails to wash their hands between patients and you suffer an infection. In this instance, you might be eligible to make a medical negligence claim.
However, if a medical professional can prove they took all the necessary steps and you still suffered an infection, you might not be able to make a claim.
Call our advisors if you have any questions about when you could sue the hospital you suffered the infection at. They could also advise you whether you might be eligible to make a claim. If they think you might be, they could put you in touch with one of our No Win No Fee solicitors.
How Long Do I Have To Sue A Hospital
If you would like to seek compensation, you will need to initiate proceedings within the limitation period for medical negligence claims. This is set out by the Limitation Act 1980 as typically three years from the date of the incident or from the date you connect the harm you suffered with negligence. This known as the date of knowledge.
Additionally, there are time limit exceptions for certain claimants. These include:
- Those without the mental capacity to bring forward their own claim have an indefinite suspension applied to the limitation period. During this time, a court-appointed litigation friend can sue a hospital on their behalf. However, if the claimant regains the appropriate capacity, the time limit will be reinstated on the date of their recovery if a claim has not already been made for them.
- The time limit does not begin until the claimant turns 18. Because of this, if you are injured while a minor, the time limit is frozen until your 18th birthday. A litigation friend can claim on your behalf during this time, or you can start your own claim between your 18th and 21st birthdays.
If you have any questions about eligibility and limitation periods for hospital negligence claims, speak with one of the advisors from our team.
What Evidence Do I Need For Hospital Infection Claims
One of the most important parts of making a hospital-acquired infection claim is collecting evidence. This is because you are responsible for proving that you were owed a duty of care, and that the harm you suffered was caused by a breach of this duty.
Some examples of evidence that you could use to support a claim for a hospital-acquired infection include:
- Medical records: Your medical records can detail the severity of the infection, as well as the treatment you received as a result and the treatment leading up to the infection.
- Witness statements: The contact details of anyone who witnessed negligent actions, such as a chaperone or family member, can be used by a professional to take their statements at a later date.
- Hospital charts: Your chart details your health and the treatment you received while in hospital. This can help show when you became unwell, and how it could have happened.
- Symptoms diary: Keeping a symptoms diary can help demonstrate the severity of the infection you suffered, and how it has affected and continues to affect you.
If you choose to work with a medical negligence solicitor on your claim, they could help you gather the evidence you need to support your hospital-acquired infection claim. Contact our team of advisors today to find out how our medical negligence solicitors could help you, or read on to learn more about making a medical negligence claim.
The Most Common Types Of Hospital Infections
If you would like to sue a hospital for an infection you acquired, you will need to prove that a breach in the duty of care owed to you caused your unnecessary suffering. For example, if bad hygiene practices were linked to your infection, you will need to prove this to make a medical negligence claim.
We’ve listed examples of the types of infections you may acquire in the hospital below:
- Clostridium difficile (C. diff). C. difficile is a bacterial infection that can cause diarrhoea, fever, loss of appetite and a stomachache. It spreads when the infected party’s faeces gets onto surfaces.
- Staph Infection. These are caused by staphylococcus bacteria. This could be spread through close skin contact, sharing towels and droplets, such as from coughs.
- MRSA. Methicillin resistant staphylococcus aureus (MRSA).This is a type of bacteria that is resistant to widely used antibiotics. Around 1 in 30 people carry it on their skin. Methicillin resistant staphylococcus aureus may become a risk to patients staying in the hospital due to a way for bacteria to enter the body, such as an open wound or catheter. You might be screened for MRSA before entering a hospital and given treatment if you are carrying it to help avoid infection.
- Cellulitis. This is a skin infection usually caused by bacteria entering a break in the skin. Risk factors include having a weakened immune system, having lymphoedema, previous cellulitis or an open surgical wound.
- Sepsis. This is a life-threatening reaction to an infection. It is caused by your immune system overreacting and can result in tissue and organ damage. Sepsis can result from surgical site infections and most other healthcare-associated infections.
These are just a few examples of hospital-acquired infections. Other types, such as urinary tract infections, respiratory tract infections, and other common hospital acquired infections can also be caused by medical negligence.
No Win No Fee Hospital Infection Claims
If you have valid grounds to claim for hospital negligence, then we could potentially help by connecting you with one of our No Win No Fee solicitors. Our solicitors can support medical negligence claims under a Conditional Fee Agreement (CFA).
One of the benefits of such an agreement is that you won’t need to pay your solicitor for their services either upfront or while your claim is being processed. You also don’t need to pay your solicitor if your claim is unsuccessful.
If your claim is successful, then your solicitor will take a small, legally capped percentage of the compensation awarded to you as a success fee. The legal cap helps to make sure the most of your compensation stays with you.
Contact Our Team
Get in touch with our advisors for free today for more advice on how to sue a hospital with a No Win No Fee solicitor. If your claim is valid, one of our helpful advisors could connect you with one of our solicitors.
To contact us, you can:
- Call 0800 073 8804
- Fill in our online contact form.
- Message us using our 24/7 live chat service.
Thanks for reading our hospital infection claims guide. Furthermore, to learn more about hospital acquired infection claims, please contact our team for free legal advice at a time that works for you using the above details.
Further Resources
- How Much Compensation Can I Claim For A Work-Related Illness?
- Facial Scar Compensation – How Much Compensation Can I Claim?
- How Much Compensation For A Death Caused By A Fatal Car Accident?
- Pressure Sore Compensation Claims
- Allergic Reaction After Eating At A Cafe – What To Do
- Eye Surgery Gone Wrong Claims Guide
- Knee Surgery Gone Wrong Claims Guide
Other Useful Compensation Guides
- Get advice on claiming for a tummy tuck gone wrong with our guide.
- Find out how to claim for rhinoplasty negligence and learn more about the claims process.
- Learn more about claiming for brain cancer misdiagnosis through our guide.
- Find out if you can claim prescription errors compensation with our guide.
- Learn about the most common types of medication errors and learn more about the claims process.
- Advice on negligent carpal tunnel surgery claims. Learn more about claiming for a surgery gone wrong.
