Hospital Infection Claims: No Win, No Fee

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What are hospital infections?

Hospital infections are infections that patients acquire during their stay in a hospital or other healthcare settings, such as healthcare clinics, nursing homes, or rehabilitation centres.

These infections can occur as a result of medical treatment, procedures or due to a weakened immune system while being in a healthcare environment. Hospital-acquired infections typically occur 48 hours or more after admission and are not present or incubating at the time of the patient’s admission.

If you or a loved one have suffered an infection while in hospital then you may be eligible to make a hospital infection claim for personal injury compensation. Our team have many years of experience in all range of hospital infection claims and can advocate for your best interests throughout the entire legal process.

Please get in touch with our team today to find out how we can assist you.

What are the most common types of hospital infections?

Some types of people are naturally more prone to hospital infections, such as people with underlying health conditions, older adults, young children and people with weakened immune systems such as cancer patients.

Healthcare associated infections are closely monitored, with several common types of infections presenting significant challenges within hospital settings. These infections are typically acquired during a patient’s stay in healthcare facilities, and their prevention and control are major focuses for healthcare providers, such as the National Health Service (NHS) and Public Health England (PHE).

Some of the most common hospital-acquired infections include:

  • Clostridium difficile (C. difficile) infections: This bacterium causes severe diarrhoea and inflammation of the colon, especially following antibiotic treatment. The use of these drugs can disrupt the normal gut flora, allowing C. difficile to thrive and cause infection. Hospital patients, particularly those receiving broad-spectrum antibiotics, are at higher risk.
  • Methicillin-resistant Staphylococcus aureus (MRSA): Another major concern is Methicillin-resistant Staphylococcus aureus (MRSA), a type of staph bacteria resistant to many commonly used antibiotics. MRSA can lead to serious and difficult-to-treat infections, particularly in patients with surgical wounds, invasive devices, or weakened immune systems.
  • Escherichia coli (E. coli) bloodstream infections: While E. coli is a common bacterium found in the human gut, certain strains can enter the bloodstream and cause severe infections. E. coli is now recognised as one of the leading causes of sepsis in hospital patients.
  • Catheter-associated urinary tract infections (CAUTIs): These infections occur when bacteria enter the urinary tract through a catheter. The longer a catheter is in place, the higher the risk of infection. CAUTIs are especially common among elderly and long-term hospital patients.
  • Surgical site infections (SSIs): Infections at surgical sites, known as surgical site infections (SSIs), are also a major issue. These infections occur after surgery, particularly at the location where the surgery was performed.
  • Ventilator-associated pneumonia (VAP): Ventilator-associated pneumonia (VAP) is a serious infection that affects patients who are on mechanical ventilation, usually in intensive care units (ICUs). Prolonged use of ventilators can allow bacteria to enter the lungs, causing pneumonia.

Who is responsible for infections acquired in hospital?

Responsibility for hospital-acquired infections (HAIs) is shared among healthcare providers, hospital administration, and patients.

Healthcare Providers

Doctors, nurses, and staff must follow strict infection control practices, including proper hand hygiene, equipment sterilisation, use of personal protective equipment (PPE), and monitoring patients for infection signs. Failure to do so can result in infections and potential hospital infection claims if negligence is proven.

Hospital Administration

Hospital management is responsible for establishing infection control policies, ensuring staff training, maintaining a clean environment, and running antibiotic stewardship programs to prevent misuse of antibiotics.

Patients

Patients play a role by following medical advice, maintaining good hygiene, and managing their risk factors, such as chronic conditions. However, the healthcare system holds the ultimate responsibility for preventing infections and ensuring patient safety.

Duty of care

In legal terms, duty of care refers to the obligation that healthcare providers and institutions have to act in the best interest of their patients, ensuring they are not exposed to unnecessary risks. Hospitals and medical professionals owe patients a duty to deliver care that meets an acceptable standard. This includes taking reasonable steps to prevent infections whilst in hospital, such as:

  • Implementing infection control policies.
  • Providing safe and sterile environments.
  • Using appropriate interventions to protect patients from infectious diseases.

When this duty of care is breached, such as through poor hygiene practices, lack of training, or failure to detect and treat infections promptly, it can lead to medical negligence claims. For instance, if a patient contracts an infection during surgery due to unsterile equipment or a healthcare worker’s failure to follow proper hand hygiene, this could be considered a breach of duty. In such cases, the hospital may be legally liable for the harm caused.

Healthcare regulators like the Care Quality Commission (CQC) and Public Health England (PHE) are tasked with ensuring that hospitals comply with infection control regulations. These organisations perform inspections and publish reports on hospital safety, providing an additional layer of accountability. Hospitals that fail to meet infection control standards may face penalties, and their reputation may suffer as a result.

What are the time limits for making a claim?

If you are thinking about making a no win, no fee hospital infection compensation claim then there are strict time limits you need to keep in mind.

The time limit for making a clinical negligence or hospital-acquired infections claim is typically three years from the date of the incident or from when the claimant first became aware of the injury or infection (known as the “date of knowledge”). This time limit is governed by the Limitation Act 1980. If a hospital infection claim is not filed within this period, it may be barred, and you may lose the right to seek the compensation you deserve.

However, there are exceptions. For children, the three year limit starts from their 18th birthday, meaning they have until they turn 21 to make a claim. For individuals who lack mental capacity, the time limit may not apply until they regain capacity. In cases involving fatal injuries, the three-year limit begins from the date of death. It’s essential to seek legal advice promptly to avoid missing these deadlines.

Compensation amounts

It is hard to give an estimation of the amount of compensation you may expect to receive in claims for hospital-acquired infections as each case is unique, and settlement amounts will differ depending on the circumstances of each case.

Compensation for hospital-acquired infections is divided into general damages and special damages.

General damages compensate for the pain, suffering, and loss of enjoyment of life caused by the injury or illness. The amount varies depending on the severity of harm and its impact on the claimant’s life.

Special damages cover financial losses and expenses directly related to the injury, including medical bills, loss of earnings, rehabilitation costs, and future care needs. These are calculated based on actual incurred costs and any future anticipated expenses.

How can Beacon Law assist?

At Beacon Law, our team of personal injury claim solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims for compensation funding and legal fees, please have a look at the funding section on our website.

If you have suffered an infection whilst in hospital at the fault of someone else, then please call our team today on 0330 1332 857 to start a no win, no fee basis claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.

 

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Last Updated on December 4, 2024 by Stacey