By Cat Way. Last Updated 20th June 2024. In this guide, we explain how methicillin resistant staphylococcus aureus (MRSA) claims for compensation work. This includes an explanation of the potential circumstances which may provide someone strong grounds to start this type of claim.
In recent years, the number of MRSA infections has reduced. However, there are still those that suffer from MRSA across the UK. If MRSA has infected you and you believe that someone else is to blame, such as the hospital you were being treated at or your place of work, you will be able to make a claim. You need to demonstrate that someone else is to blame; you cannot simply show that you have been exposed to the infection.
So, if you have been infected with this form of bacteria and want to claim compensation, all you need to do is get in touch. We have an abundance of experience in securing compensation for victims making MRSA claims. And so we can help you to get the maximum amount you are entitled to.
- Call 0800 073 8804
- Fill out a contact form
- Use the live chat pop-up
But first, for more MRSA facts and information on claiming, simply read on.
Select a Section
- How Much Compensation Could I Claim For MRSA?
- What Are The Criteria For Claiming MRSA Compensation?
- What Is MRSA And How Could I Catch It?
- How Long Do I Have To Make A Claim For An MRSA Infection?
- What Evidence Do I Need To Prove An MRSA Claim?
- No Win No Fee MRSA Claims
- Useful links
How Much Compensation Could I Claim For MRSA?
There aren’t specific figures that apply to all methicillin resistant staphylococcus aureus lawsuit settlements as the circumstances are always unique. In a medical negligence settlement, including those awarded in an MRSA claim, there are two potential areas: general damages and special damages. General damages focus on your physical suffering and psychological pain, along with any reduced impact on your quality of life.
If you’re wondering what compensation you could get for MRSA, we have included the table below that lists various related figures. These relate to general damages, and they come from previously successful claims. The figures themselves come courtesy of the Judicial College, a publication that is used by legal professionals to help them assign values to claims.
| Injury Type | Compensation Bracket |
|---|---|
| Multiple Serious Illnesses/Injuries Plus Special Damages | Up to £500,000+ |
| Kidney (a) | £206,730 to £256,780 |
| Very Severe General Psychiatric Damage (a) | £66,920 to £141,240 |
| Very Severe Scarring (a) | £36,340 to £118,790 |
| Less Severe Scarring | £21,920 to £59,090 |
| Skin Condition (a) | £16,770 to £23,430 |
| Skin Condition (b) | £10,550 to £13,930 |
| Skin Condition (c) | £2,080 to £4,820 |
MRSA Claims – Examples Of Special Damages
Special damages focus on the financial losses caused by the injury. If you had evidence you had contracted an MRSA infection from an NHS facility or public healthcare facility due to negligent care, and you were financially affected as a result, this could be addressed in your compensation.
For example, you could potentially claim special damages if:
- You needed to pay for care or treatment
- You were unable to work and lost out on income
- You required adaptations or aids to help you cope with your injury
As mentioned earlier, you would need to provide supporting evidence for the losses you are claiming for. Payslips, receipts, bank statements and invoices could all potentially help you.
Please reach out to one of our advisers for any questions you may have regarding compensation or an MRSA claim.
Our solicitors could place a more accurate valuation on your claim once they learn of the circumstances behind your infection. Contact us anytime to discuss MRSA compensation payouts.
What Are The Criteria For Claiming MRSA Compensation?
In order to be eligible to make a medical negligence claim for MRSA compensation, you must meet the following criteria:
- A medical professional owed you a duty of care.
- This duty was breached.
- You experienced harm as a result of this, such as an MRSA infection. Together this is known as medical negligence.
All medical professionals owe a duty of care. Per this duty, they must ensure that they provide the correct standard of care when treating you as their patient. Failure to do so could be considered as a breach of their duty of care, and you may be eligible to make a medical negligence claim. For example, if you contracted an MRSA infection during surgery due to unhygienic practices, you may be able to make a claim for compensation.
If you have any questions about making an MRSA claim, please contact one of the advisors from our team.
What Is MRSA And How Could I Catch It?
Usually, MRSA lives on the skin as a harmless bacteria. When it stays on the skin’s surface, it causes no symptoms and does no harm.
The problems with MRSA begin when you get an infection under your skin. This can happen if the bacteria comes in contact with an open wound or broken skin or if you touch someone who has the bacteria, so it’s most common in places like hospitals and care homes.
When MRSA gets under the skin, it can cause rashes and painful abscesses. If the infection progresses into your blood or lungs, it can cause serious symptoms like dizziness, chest pain, and difficulty breathing.
Keep reading to learn more about MRSA claims, or contact our team of advisors today to find out if you could be entitled to compensation.
How Long Do I Have To Make A Claim For An MRSA Infection?
You may be wondering how long you have to start MRSA claims.
The Limitation Act 1980 outlines how long you have to start different kinds of claims, and states that you will have three years to start a medical negligence claim. This time limit begins on either the date the negligence occurred, or on the date you became aware of the medical negligence.
You cannot claim for yourself while under the age of eighteen, therefore the time limit does not begin until your eighteenth birthday. However, a litigation friend can start a claim on your behalf while the time limit is frozen, or you can start your own claim when you turn eighteen. In which case the 3 year time limit will begin.
Similarly, those who lack the mental capacity to make an MRSA compensation claim for themselves are not subject to the time limit. A litigation friend can claim on their behalf at any time, unless they regain the needed capacity. In these cases, the time limit is reinstated on the date of their recovery.
To learn more about time limits for medical negligence claims, contact our team of advisors. They can evaluate your hospital negligence claim for free, and could connect you with one of our expert medical negligence solicitors.
What Evidence Do I Need To Prove An MRSA Claim?
Gathering evidence to support your case is an essential step when making a claim for medical negligence compensation. Evidence can help strengthen a number of areas of your claim by illustrating how you came to harm, who is responsible, and how the harm you have undergone has affected you.
Some examples of evidence that you could collect to support your hospital infection claim include:
- A symptoms diary: Keeping a diary of your symptoms as they progress can help create a record of how it affects your life.
- Witness statements: Taking the contact details of potential witnesses, such as a family member who was with you in the hospital and saw the conduct of the professional treating you, means that their statement can be taken at a later date.
- Medical records: Your medical records can offer more insight into the treatment you received, who was treating you, and how it affected your condition.
- Test results: These could be test results from a nasal or oral swab, confirming that you suffer from an MRSA infection.
Your claim may also be put to the Bolam test. In this case, a team of professionals trained in the relevant field will assess the actions of the professional treating you and determine whether you received the correct standard of care.
To find out if one of our solicitors could help you gather evidence to strengthen your claim, contact our team of advisors today. Or, read on to learn more about MRSA claims.
No Win No Fee MRSA Claims
If you are eligible to seek medical negligence compensation, you may like to instruct a solicitor to work on your claim. One of our specialist medical negligence solicitors could help you. Generally, they provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
Under this type of agreement, you usually won’t be asked for any upfront or ongoing costs towards your solicitor’s work on your case. If your claim has a positive outcome, a success fee will be subtracted from your award by your solicitor. The law limits the percentage that can be taken as a success fee. Should your claim not succeed, your solicitor won’t ask you to pay this fee.
If you have any questions about making an MRSA claim, contact one of the advisors from our team. The advice they give is free. They can also assess whether you have good grounds for a claim and if you do, they can connect you to one of our solicitors.
To speak with an advisor:
- Call 0800 073 8804
- Receive a call back by filling in our ‘claim online’ form.
- Connect via our live webchat.
Still have questions? Feel free to contact our advisors online or on the phone to learn more.
