Hospital-acquired infection claims: MRSA, C. difficile and surgical site infections
Medical Negligence Consultants is a claims management company regulated by the Financial Conduct Authority (FCA). We offer a free, confidential assessment if you think you caught an infection in hospital, or an infection was missed or treated late, in England or Wales. If your enquiry is suitable, we refer it to the specialist solicitor on our panel who best suits your needs.
Request a call-back or call 0800 612 4970.
Medical warning: If you are currently seriously unwell with a possible infection or sepsis, seek urgent medical help. Call 999 for life-threatening symptoms. This page concerns possible past failures in care.
Can I claim for an infection caught in hospital?
You may be able to claim if you developed an infection because the hospital or care provider failed to follow proper infection control, or because an infection was not recognised or treated promptly, and this caused you harm. Many hospital infections happen even when care is good, so catching one is not enough on its own. A solicitor decides whether a claim has reasonable prospects.
What are hospital-acquired infections?
Hospital-acquired infections, also called healthcare-associated infections, are infections that develop during or after care. Common examples include:
- MRSA (see NHS information on MRSA)
- Clostridioides difficile (C. difficile) (see NHS information on C. difficile)
- Surgical site infections in a wound or implant after an operation
- Catheter-associated urinary tract infections
- Bloodstream infections, including infections linked to cannulas and central lines
- Hospital-acquired pneumonia
Serious infections can lead to sepsis, further surgery, long hospital stays, long-term disability and death.
How negligence can happen
- Poor infection control. Failure to follow hand hygiene, cleaning or isolation procedures for patients with known infections.
- Poor care of lines, catheters and wounds. Equipment is left in too long, not kept clean or not checked.
- Surgical errors. Failure to follow sterile technique, or failure to give antibiotics before surgery when they are indicated.
- Poor antibiotic management. Antibiotics given inappropriately, leaving patients more at risk of C. difficile, or not given when needed.
- Signs of infection missed. Fever, redness, discharge, rising inflammatory markers or a deteriorating patient are not acted on.
- Delay in treatment. An infection is found but antibiotics, drainage or surgery are delayed.
- Discharge too soon. A patient with signs of infection is sent home.
What does an infection claim have to prove?
- Breach of duty. The care fell below the standard of a reasonably competent provider, for example by failing to follow infection control or treatment guidelines.
- Causation. The failure caused your infection or made it worse. This can be difficult to prove because infections have many possible sources. Hospital infection records, ward records, test results and expert microbiology evidence are often important.
What can compensation cover?
- Pain, suffering and loss of quality of life
- Loss of earnings and future earning capacity
- Cost of further treatment, care, equipment, therapy and home adaptations
- Other reasonable out-of-pocket costs
We cannot promise a result or an amount.
How long do I have to claim?
In England and Wales the usual time limit is three years from the date of the negligence, or from when you first knew it had caused harm. For children, the three years generally start on their 18th birthday. Different rules can apply where someone lacks mental capacity. If a loved one died, separate rules apply. Do not delay.
What information helps?
You do not need documents to start. It helps if you can tell us:
- Which hospital or care provider treated you, and when
- What treatment or surgery you had
- When you first noticed signs of infection and what you were told
- Whether tests found a specific infection such as MRSA or C. difficile
- What harm followed
Your solicitor will request your medical records.
How Medical Negligence Consultants helps
- Tell us what happened. Request a call-back or call 0800 612 4970.
- We assess your enquiry. This is free and confidential.
- Referral to the right solicitor. We have a panel of specialist medical negligence solicitors. If your enquiry is suitable, we refer it to the one who best suits your needs. That solicitor advises you and manages the claim.
Medical Negligence Consultants is not a law firm.
Hospital-acquired infection claims: common questions
Can I claim if I caught MRSA or C. difficile in hospital?
Possibly, but catching an infection does not automatically mean negligence. A claim usually needs evidence of a failure in infection control, or in how the infection was recognised or treated, that caused your harm.
Can I claim for an infection after surgery?
Yes, if the infection resulted from poor surgical or post-operative care, or if signs of infection were missed or treated late. A solicitor and medical experts review your records.
Does it matter if the infection could have come from elsewhere?
Yes. Showing that the hospital caused your infection can be difficult. Infection records and expert microbiology evidence are often important, and a solicitor will explain what is likely to be needed.
Can I claim for an infection in a private hospital?
Yes. Private hospitals owe a duty of care too. See our private hospital provider pages.
Does it cost anything to find out?
Our initial assessment is free and confidential. If we refer you to a solicitor, they will explain how any claim is funded.
General information only, not legal advice. Medical Negligence Consultants (Flybell Limited t/a Medical Negligence Consultants) is a claims management company authorised and regulated by the Financial Conduct Authority, FRN 836324.