Medical negligence compensation for superbugs over the past five years

Receiving medical negligence compensation for the contraction of a hospital-borne superbug can sometimes be very difficult, even in cases where the claimant has clearly suffered severe personal injury, such as the loss of a limb.

Despite this, Freedom of Information requests do reveal that in the years 2004-2009 a total of £12 million medical negligence compensation has been paid to patients who have suffered injuries caused either in full or in part by MRSA or C. diff.

The vast majority of this £12 million figure has been spent in settling MRSA-related claims. In fact, less than a million has been paid out to victims of C. diff - what appears to be an appallingly paltry sum when the true extent of C. diff infection is considered.

In a recent conversation with Channel 4 NewsAnn Reed, a clinical negligence solicitor, helped explain some of the difficulties inherent in a superbug claim. "MRSA or C. diff complaints are very difficult claims to bring," she said.

"The major problem is in relation to common law, for example identifying where the patient got the infection in the first place; from the nurse, the doctor, or in surgery? It is just a constant battle. "And then it does not necessarily relate to where the infection was contracted, it's whether you can prove negligence in how the patient was treated thereafter.

She also said that NHS Litigation Authority intransigence can mean that even deserving claimants miss out on compensation. "The NHS lawyers defend absolutely everything, so even patients who have suffered significant injuries can be left with nothing," Reed said.

The NHSLA readily admits that it has paid out relatively few superbug claims. "We haven't settled many claims that are solely related to MRSA and C. diff, these figures come from when they have just been included as part of the claim, when lawyers bundle things together to try and strengthen their cases," a spokesperson commented.

Leading medical negligence solicitors
All hospitals and health professionals have a duty of care to their patients. If you believe that this duty of care has in some way been neglected and that you have suffered injury as a result, you may be able to receive compensation.

Medical accidents and hospital-borne infections can have serious and lasting impact. A good personal injury solicitor can help those affected receive compensation not only for the pain and distress of injury itself but also for the loss of earnings and medical expenses caused by the injury.

Our panel of solicitors is comprised exclusively of solicitors drawn from firms governed by the Solicitors Regulation Authority. It is select group of specialists and includes members of the Clinical Negligence Accreditation Scheme.

Claims for medical negligence compensation are usually very complex, so the incurring of some cost may be unavoidable. However, we do undertake to keep all costs to a minimum, while also explaining them in advance.

We are a 100 percent compensation specialist; we never take a cut.

If you would like to speak with an advisor, who can help you assess whether it might in your interests to proceed, use echat, complete an online claim form, or call us, on 0800 10 757 95.


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