Claims for MRSA
MRSA (Methicillin resistant Staphylococcus aureus) - What you need to know
6th March - Support Group Campaigns for Increased Resources to Fight MRSA
Methicillin-resistant Staphyloccus aureus ("MRSA") has become a wide spread problem among hospitals. Over the last 15 years the presence of MRSA in hospitals has increased causing a rise in resistant strains and an increase in the number of patients that have died or have been left permanently injured. This has led to Hugh James dealing with a number of claims for compensation against NHS Trusts leading the way for significant developments in the way in which these claims are dealt with.
Hugh James secured a landmark victory which will make it easier for injured claimants to obtain their rightful compensation if they suffer injuries following the contraction of MRSA. In the past, bringing a case in negligence for actually contracting MRSA in Hospital has been very difficult. There have been a few successful cases relating to the negligent treatment of MRSA but not the negligent contracting of MRSA.
This case lead by Hugh James is important because the Defendant accepted that the Control of Substances Hazardous to Health Regulations (COSHH Regulations) applied to MRSA infections, which means that if a Hospital, as in this case, fails to follow its infection control policies, and that this has resulted in the patient contracting MRSA, they will be liable for an injury caused to the patient and will be faced with having to pay compensation, which in many cases, like this case, is likely to be significant. This is a wakeup call to the Hospital Trusts to ensure that they have adequate Infection Control Policies and to ensure that Hospital workers comply with the policies.
How to succeed in a MRSA case
When considering a clinical negligence action relating to acquiring MRSA in hospital it is important that you are able to show the following:
Can you prove on the balance of probabilities that you acquired MRSA in hospital?
This is often a matter of expert evidence and an appropriate Microbiologist can provide an opinion on this point, although if you have a negative swab upon admission to hospital then you are almost bound to succeed on this point.
Was there a breach of the Hospital’s Infection Control Policy?
Hugh James has already obtained details of Infection Control Policies for a number of hospitals under the Freedom of Information Act and in a number of cases are able to establish whether there has been a breach of the policies immediately.
Did that breach cause any further injury or prolonged recovery?
It is not enough to show that MRSA was contracted in Hospital it must be established that you suffered a further injury. MRSA is prevalent in the community and can be carried by people without causing any detriment to their health.
MRSA Facts
- MRSA does not respect age. Newborn babies have become infected via their umbilical cords and in a recent case a 27 year old was infected during an operation on his broken leg.
- MRSA is prevalent in the community and can be carried by people without causing any detriment to their health.
- Patients undergoing surgical procedures or who require catheters or drips are vulnerable to infection if Health Authority policies and procedures are not followed.
- This strain of bacteria is resistant to most antibiotic treatments although Vancamycin and Teicoplanin are used to treat this type of infection with success. Infection can result in prolonged hospitalisation, amputation and fatalities.
- Mainly transmitted by poor hygiene in hospitals and contributed to by the lack of barrier nursing facilities in hospitals.
- Hospital acquired MRSA may be distinguished from community strains and many hospitals require patients to be screened prior to admission for surgical procedures.
Have you been infected with MRSA?
If you have contracted an MRSA infection whilst undergoing hospital treatment you should contact Hugh James Solicitors which offers a dedicated local and national service. It is ranked first as a representative of Claimants by Chambers and Partners, the Independent Guide to Law Firms:
"Dependable, solid and national in scope" it inspires "complete confidence in its clients". "Peers often refer work here, "safe in the knowledge that the firm will handle it".
In addition to our specialist solicitors, we also have experts in various necessary support fields, including medical, scientific and social work qualified executives.
We believe in flexibility and are happy to arrange a free interview in the first instance whether in our offices, at your home or even in hospital. Before proceeding with any claim we can advise you of any entitlement or assistance that may be available through the community legal service, personal insurance cover or even how to proceed on a ‘no win, no fee’ basis if suitable.
Support Organisations
If you require any further support or assistance there are a number of organisations which can offer non-legal assistance.
MRSA SUPPORT
46
Website: www.mrsasupport.co.uk
E-mail: info@mrsasupport.co.uk
Tel: 0121 459 0490 or 0121 476 6583
The Patients’ Association
HARROW
Middlesex HA1 3YJ
Website: www.patients-association.com
E-mail: mailbox@patients-association.com
Helpline: 08456 084455
NHS Direct.
Website: http://www.nhsdirect.nhs.uk
Helpline: 0845 4647
Brochure request