I heard on the radio last week that it is now easier to make a claim for MRSA. I caught the infection in the summer when I was in hospital for a hip replacement operation. I have been really ill because of the infection and it has taken me much longer to recover from the operation because of it. Do you think I should claim?
There have been a number of claims for MRSA against hospitals but until recently, few have succeeded. As the MRSA organism can be carried by many people on their skin and only becomes a problem when it enters an open wound it has been difficult to prove whether the patient contracted the infection whilst in hospital.
However, by taking a different approach, it is hoped more claims will succeed. By defining the MRSA infection as a ‘substance hazardous to health’, it will fall under the Control of Substances Hazardous to Health regulations. This means strict rules apply to control exposure to the substance – which includes risk assessments, proper protection, ongoing monitoring of the exposure and clear policies so all staff know how to deal with potential exposure. In the cases which have succeeded so far, the patient has been able to show the hospital wasn’t properly complying – the burden is on the hospital to show they have adequate measures in place to deal with MRSA rather than on the patient to show where they contracted the infection.
However no precedent has yet been set as the NHSLA (the defence body acting for the hospitals) have been settling the cases before they reach court.
In answer to your question therefore, I think you should see a legal advisor without delay as clearly the infection has meant a very slow recovery for you and such additional pain, suffering and loss should be properly compensated.
