MRSA Compensation Claim

Making an MRSA compensation claim with Irwin Mitchell

Staphylococcus Aureus often referred to simply as "staph", is a bacteria commonly found on the skin and in the noses of healthy people. Occasionally, staph can get into the body and cause an infection. This infection can be minor (such as pimples, boils and other skin conditions) or serious (such as blood infections or pneumonia). Methicillin is an antibiotic commonly used to treat staph infections. Some staph bacteria have developed resistance to Methicillin and can no longer be treated effectively by this antibiotic. These resistant bacteria are called Methicillin Resistant Staphylococcus Aureus, or MRSA.

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MRSA infection usually develops in hospital patients who have an open wound (such as a bedsore) or a tube (such as a urinary catheter) or a drip which allows the bacterium to enter the body. Vulnerable people are the elderly or the very sick, and people with severely reduced resistance to infection, for instance due to HIV infection. For these groups the resulting infections can be serious - septicaemia or pneumonia for example.

MRSA is not a new problem. It was first isolated in 1961, in the same year that Methicillin was first used. However MRSA remained at low levels in the UK until 1992. Since 1992 studies have shown that MRSA is increasingly mentioned on death certificates in England and Wales.

A recent Government report stated that MRSA was referred to on the death certificates of 4,326 people between 2000 and 2004. Of these 1,378 gave MRSA as an underlying cause of death. The research indicates an increase in the number of deaths linked to or caused by MRSA. It is difficult to estimate the actual number of deaths actually caused by MRSA which may have been avoided.

In the UK there has been and continues to be a focus on prevention and control of MRSA. Hospitals should take special steps to prevent the spread of MRSA from patient to patient. One of these steps may be to separate, or isolate, a patient with MRSA from other patients. Strict hygiene is the best defence.

MRSA compensation claim details

It can be difficult to succeed with a claim of compensation for MRSA 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 MRSA. Three tests must be satisfied in any negligence claim. These are as follows:-

1. 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 MRSA 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.

2. Causation. The breach of duty of care must cause the consequences complained of. This is very difficult in MRSA cases because the people who contract MRSA are usually already very ill. If someone went into hospital for treatment of a serious illness, and they contracted MRSA 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 MRSA infection instead of the original illness

3. 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 MRSA 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 MRSA, 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:-

• The patient did not have MRSA before being admitted to hospital.
• Treatment or surgery for which they were admitted was straightforward and not ordinarily linked to infection.
• Evidence of poor hygiene and/or poor infection control policies in the hospital.
• The patient contracted MRSA in hospital and suffered identifiable health consequences.

IM has successfully represented claimants who have suffered from MRSA, and will be pleased to give you free initial advice in relation to your case. 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 MRSA you may wish to contact the MRSA support group on www.mrsasupport.co.uk