Clostridium Difficile Compensation Claims

Making a clostridium difficile compensation claim with our expert solicitors

Clostridium difficile is an anaerobic bacterium whose usual habitat is that of the large intestine, where there is very little oxygen. It can be found in low numbers in a small proportion of the healthy population and is kept in check by the normal ‘good’ bacterial population of the intestine.

Patients treated with broad spectrum antibiotics are at greatest risk of clostridium difficile disease. Most of those affected are elderly patients with serious underlying illnesses. Clostridium difficile can cause diarrhoea and can lead to very severe illness with ulceration and bleeding from the colon, known as colitis, and at worst perforation of the intestine leading to peritonitis. It can be fatal. Generally, it is only able to do this when the normal, healthy intestinal bacteria have been killed off by antibiotics. In the absence of normal bacteria, clostridium difficile multiplies in the intestine and produces toxins that damage the cells lining the intestine which causes diarrhoea.

Most infections occur in hospitals, nursing homes etc. Some people can be healthy carriers of clostridium difficile however it often occurs that the disease develops after cross infection from another patient, either through direct contact with other patients and healthcare workers or by a contaminated environment.

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Clostridium difficile compensation claim details

It can be difficult to succeed with a claim of compensation for clostridium difficile where the basis of the claim is an allegation that the hospital trust was negligent or in breach of duty in the treatment of a patient and that this resulted in the patient contracting clostridium difficile.

Three tests must be satisfied in any negligence claim. These are as follows:-

Liability or fault. It is a requirement to establish that a duty of care was owed to the injured person and that the duty was breached. Where clostridium difficile has been contracted by a patient in hospital a duty of care is clearly owed by that hospital and its staff to the patient. It is however necessary to establish that duty of care has been breached.

Causation. The breach of duty of care must cause the consequences complained of. This is very difficult in clostridium difficile cases because the people who contract clostridium difficile are usually already very ill. If someone went into hospital for treatment of a serious illness, and they contracted clostridium difficile while in hospital, their condition may worsen and they may die. However, it can be difficult to prove that this was as a result of the clostridium difficile instead of the original illness

Consequences. A negligence claim is a civil action. This means that if the claim is successful the Claimant will receive financial compensation. A negligence claim cannot be used to have a medical professional disciplined or to obtain an explanation or apology from the hospital.

The Court will award compensation limited to actual loss suffered over and above the consequences of the underlying illness. It can be very difficult to separate the two. It is therefore necessary for there to have been some extra or additional loss arising out of the clostridium difficile infection, for example, additional pain and suffering, loss of earnings or expenses, which would not have occurred in any event.

An alternative to bringing a negligence claim may be to pursue a claim for breach of the Control of Substances Harmful to Health Regulations ("COSHH"). These regulations apply to a risk to the health of a person to whom a harmful substance is administered in the course of his or her medical treatment.

The medical practitioner is required to carry out a risk assessment and to prevent exposure to harmful substances where possible . Where a patient is treated in hospital there is a clear risk of infection. The hospital must take steps to prevent exposure to infection, including clostridium difficile, by having procedures in place to clean and sterilise equipment. Where prevention is not possible exposure should be adequately controlled. The hospital also needs to monitor the exposure to harmful substances such as infection.

To bring a successful claim under COSHH it would be necessary to show:-

1. Treatment or surgery for which they were admitted was straightforward and not ordinarily linked to infection.
2. Evidence of poor hygiene and/or poor infection control policies in the hospital.
3. The patient contracted clostridium difficile in hospital and suffered identifiable health consequences.

IM has successfully represented claimants who have suffered from clostridium difficile, and will be pleased to give you free initial advice in relation to your claim. Use our online claims form.

The NHS complaints procedure is an alternative to litigation and should be followed before any civil action is launched, information is available at: http://www.dh.gov.uk/PolicyAndGuidance/OrganisationPolicy/ComplaintsPolicy/NHSComplaintsProcedure/fs/en

If you have been affected by clostridium difficile you may wish to contact the c-diff support group on cdiff-support.co.uk