Can I Make A Compensation Claim For C. Difficile?
If you or a loved one has been affected by C. difficile you could claim compensation from the hospital trust responsible. Becoming ill through a C. difficile infection doesn’t in itself provide grounds for a compensation claim – there has to be proof of negligence.
However, if we can establish that the hospital failed to follow its infection control policies and that this resulted in you contracting a C. difficile infection, the hospital could be held legally responsible for the illness you suffered.
We can help you with a C. difficile claim if there was a negligent delay in diagnosis of the infection, which resulted in you getting the necessary treatment too late. You could also make a medical negligence claim if you didn’t receive the right antibiotics or the correct treatment course.
Fatal Claims
We’re here to help you if you’ve lost a loved one due to medical negligence. You might be able to make a claim if negligence caused your family member to contract this illness, if their infection was misdiagnosed or if their C. difficile was treated incorrectly.
Our experienced lawyers could help you with:
Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses
Representing you at inquest
Getting you the answers and apology you deserve from those responsible
Our lawyers could also help you access a statutory bereavement award , a flat rate of £15,120 which is payable when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.
If you’d like to find out more about making a claim, please get in touch for a free initial consultation to discuss your case. Call us today on 0800 121 6567 .
What Will Happen When I Make A Claim?
After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements *.
We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.
Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.
We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.
Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.
How Long Do I Have To Make A Claim?
You’ll normally have three years to make a claim from the date you became aware that you had been infected with C. difficile. However, there are some exceptions to this rule:
Children Under 18
If your child suffered because of negligence before they turned 18, you can make a claim at any time on their behalf. When your child turns 18, they’ll have to make their own claim and can do this at any point up until their 21st birthday.
Claiming For Someone Without Mental Capacity
When claiming on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.
Infections Abroad
If you contracted C. difficile while staying/visiting a hospital in another country, your claim might be subject to different time limits. Our experts can advise you on the different time limits which are in place overseas. You should contact us as soon as possible if you experienced negligent treatment abroad so you don’t miss your chance to claim.
Fatal Claims
If you’re claiming on behalf of a loved one who died because of a C. difficile infection, you’ll have three years from the date of the death to claim. If the cause of death wasn’t established until after a post-mortem, you’ll have three years from when you found out that medical negligence occurred.
If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation .
Can I Make A Claim On A No Win No Fee Basis?
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.
If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.
Please visit our No Win No Fee page for more information on how it works.
Meet Our Experts
As the largest medical negligence team in the country, your case will be handled by a solicitor who specialises in hospital infection claims, such as C. difficile.
We believe that rehabilitation and ongoing care is an important part of any medical negligence claim, so we have a dedicated team of support and rehabilitation coordinators to support your care needs. Our support and rehabilitation coordinators have long-standing links with local care providers, charities and support groups, and they’ll make sure you get the care you need to help you live the best quality of life possible after suffering from C. difficile.
View our Medical Negligence team
