Contracting MRSA whilst in a hospital can be very distressing. The NHS and other healthcare providers do have procedures in place to help prevent the spread of MRSA. However, if these procedures are not followed, this can lead to serious medical complications, giving rise to MRSA claims.
If you have been the victim of a healthcare provider’s negligence, you could be entitled to compensation. This guide will cover how a hospital could be negligent causing you to contract MRSA. We’ll also explain how compensation could be awarded for a successful medical negligence case and the types of evidence that could be used to support an MRSA claim.
If you contracted MRSA during your hospital stay and want to find out if you could be eligible to claim, why not talk to one of the friendly advisors from our team? You can contact one of our advisors today for some free no obligation advice by:
- Filling out our contact us form.
- Calling us on 0800 408 7827
- Using the chat function at the bottom of the screen
Browse Our Guide
- What Is MRSA?
- How Could An MRSA Infection Be Caused By Hospital Negligence?
- How Much MRSA Compensation Could I Receive?
- What Evidence Can Help In MRSA Claims?
- What Are No Win No Fee MRSA Claims?
- Read More About Claiming Compensation For Medical Negligence
What Is MRSA?
Methicillin-resistant Staphylococcus Aureus is a bacteria that can live on human skin and is commonly called MRSA. If it gets inside your body, it can cause serious injuries and illnesses, known as an MRSA infection.
MRSA infections could make an area of your skin:
- Swollen and painful
- Warm to the touch
- Leak fluid or pus
- Have a red appearance (although this can be hard to spot with certain skin tones)
The infection can spread to other parts of your body, such as your lungs or into your blood. If this happens, symptoms can include:
- Difficulty breathing
- High temperature
- Dizziness
- Confusion
- Chills
Don’t hesitate to get in touch with us if you think you have contracted MRSA due to a healthcare provider’s negligence.
How Could An MRSA Infection Be Caused By Hospital Negligence?
When you are in hospital, those treating you and looking after your needs have a duty to deliver the correct standard of care. This is known as a duty of care. If they fall below this standard, you might be entitled to medical negligence compensation.
A healthcare provider could fail to meet their duty of care in various ways. Some examples could include:
- Your surgeon fails to sanitise themselves before your surgery properly. This could result in MRSA bacteria making it inside your body causing an MRSA infection.
- Hospital surfaces not being adequately cleaned leading to a hospital infection claim.
- Failing to check patients who are at greater risk to MRSA e.g. those with a weakened immune system from chemotherapy.
- Misdiagnosing an MRSA infection as something else, either in a hospital or when visiting your GP.
There are other ways a breach of duty could occur, and you can contact our advisors to discuss your exact circumstances without any obligation. They can also answer any questions you have about MRSA claims.
How Much MRSA Compensation Could I Receive?
Successful MRSA compensation claims are made up of damages for your injuries/illnesses and also any potential out of pocket expenses you have. Your compensation for your injuries/illnesses is called your general damages and will be calculated based on how long your symptoms last and how bad they are. The wider impact on the enjoyment of your life is also taken into consideration; for example, you may have missed an important life event such as a holiday or wedding, and this could increase your award.
Your medical negligence solicitor or others helping with your case might use the Judicial College Guidelines (JCG) to give you advice on how much your injury damages might be. The JCG has guideline compensation amounts for different injuries and illnesses and will be used with a medical report that details your symptoms. In combination, these things will be used to advise you about your compensation.
Below, you will find a table with a few figures from the JCG that could apply to MRSA claims. Please remember that these are just examples and that each compensation award is different. You should also note that the first entry does not come from the JCG.
| Injury/Illness | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries And Significant Financial Losses | Very Severe | Up to £1,000,000+ |
| Brain Injury | Moderately severe (b) | £267,340 to £344,150 |
| Kidney | Serious, permanent damage or loss of both kidneys | £206,730 to £256,780 |
| Female Reproductive System | Serious (b) | £52,490 to £124,620 |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Digestive system | Severe (i) | £46,900 to £64,070 |
| Spleen | Loss | £25,380 to £32,090 |
| Bodily scarring | Noticeable or Disfiguring | £9,560 to £27,740 |
| Lung Disease | Less Severe (f) | £12,990 to £25,380 |
| Asthma | Relatively Mild | £12,990 to £23,430 |
There may also be items of out of pocket expenses that you would like to claim. These are known as special damages and could include:
- Medical expenses
- Loss of earnings
- Home adaptations
- Care costs
Other items can also be claimed for under special damages, and you can discuss them with one of our advisors.
What Evidence Can Help In MRSA Claims?
Evidence is very important to help prove that the injuries and illnesses you suffered have been caused by someone else’s negligence. You will also have to prove any out-of-pocket expenses, so useful evidence could include:
- Medical records
- Scan or diagnostic test results
- Photos of your injuries
- A pain diary of your symptoms
- Proof of any out of pocket costs, such as invoices, bank statements, receipts and wage slips.
Contact a member of our friendly advisory team to discuss what evidence could help support MRSA claims.
What Is The Time Limit When Claiming For A Hospital Acquired Infection?
MRSA claims must generally be started within 3 years of the date you became aware that your injuries were caused by the negligence of your healthcare provider. This deadline comes from The Limitation Act 1980, but there are special cases involving children and people who lack mental capacity that are different:
- The time limit is frozen for children under the age of 18. They will have 3 years from their 18th Birthday to begin their case.
- The time limit is paused for those without the mental capacity to handle their own cases. This pause is only lifted if they recover this mental capacity. If the person later regains mental capacity, the 3-year time limit will begin from the date capacity is recovered. Otherwise, the period remains frozen.
For these specific examples, a litigation friend will be needed to advance a claim on the claimant’s behalf.
If you have further questions about any aspect of making a claim, contact our friendly advisors today.
What Are No Win No Fee MRSA Claims?
If you are eligible to launch a MRSA claim, you may wish to do so with legal representation. Perhaps one of the medical negligence solicitors from our panel could help you. They generally offer their No Win No Fee services under a Conditional Fee Agreement. This offers several advantages, including:
- No payments upfront for the legal work your solicitor does.
- No ongoing fees to pay.
- If your claim fails, there is no payment for the work your solicitor did.
- If your claim is successful, your solicitor will be due a success fee. This fee is a fixed percentage of the compensation awarded to you. There is a legally imposed maximum, which we will agree with you before your claim starts.
If you think you would like to work with one of the medical negligence solicitors from our panel to help you with your MRSA claim, you can contact us today by:
- Visiting our website
- Calling us on 0800 408 7827
- Using the chat function at the bottom of the screen to ask about MRSA claims.
Read More About Claiming Compensation For Medical Negligence
Hopefully, you now have a better understanding of how medical negligence claims and, more specifically, MRSA claims work. You may still have further questions, and perhaps these further resources would be helpful to you:
Internal Resources:
- Look more in-depth at how compensation payouts are calculated.
- Perhaps you might have contracted MRSA through a visit to a hotel and would like to know more about suing hotels.
- If you are enquiring about a doctor who missed your MRSA infection, you may want information about suing a doctor for medical negligence compensation.
External Resources
- The Government have a dedicated guide about Statutory Sick Pay (SSP), including information about how to claim and the rates.
- Surgeons are held to a high standard of care by the RCPCH.
- Information about MRSA prevention and treatment from the NHS.
Thank you for considering our guide on MRSA claims and we are ready to help you with your claim.