Hospital Superbug (MRSA & C Difficile) compensation claims can now finally be made against hospitals using workplace safety legislation.

Until recently the NHS could dispute claims as it cannot tell exactly when a person becomes infected with MRSA or C Difficile.

But recent compensation claim successes have prompted Solicitors and Lawyers to reconsider how they approach MRSA & C Difficile superbug claims, law firms are now tending to make use of laws governing the control of hazardous substances.

A government MRSA adviser said it was right that the NHS was held to account.

The head of infection control at London’s Great Ormond Street Hospital and a member of the government’s Specialist Advisory Committee on Antimicrobial Resistance, said: “I think this presents the best route for people to pursue the NHS.

“Claims have traditionally been very hard to proceed with, but lawyers seem to have come up with a way of moving forward with them.”

The spokesperson acknowledged hospitals were concerned it could lead to many more MRSA compensation claims, but added: “It will help patients hold the NHS to account and that will help improve performance in infection control so it is also a good thing.”

Over 1000 people every year have MRSA cited on their death certificate. Thousands more are left severely ill or disabled by the infection.

Until recently Solicitors have found it difficult to win cases as clinical negligence claims require causation to be established which is almost impossible with MRSA because of a lack of evidence over exactly when, where and how the infection was contracted.

The cases that have reached court tend to be about the treatment a patient received once they already had MRSA rather than over catching MRSA in the first place.

To date there have only been a handful of compensation settlements, seven involving hospital acquired infections in England from April 2002 to March 2006,with no admission of responsibility for causing MRSA made.

Solicitors now believe the tide has changed after they started adopting a new approach to claiming MRSA & C Difficile compensation.

They no longer rely on the traditional clinical negligence argument, instead pursuing the NHS trust by using legislation more common to industrial illness claims.

Control of Substances Harmful to Health (COSHH) requires employers to control exposure to hazardous substances to prevent ill health.

Solicitors have argued that MRSA & C Difficile come under such a definition and if it applies to staff it should also apply to hospital patients.

The first breakthrough was in July 2005 when a pensioner from Bridgend in Wales, won compensation when she caught MRSA following a hip replacement.

The hospital involved settled out of court, but admitted it had not followed its guidelines on infection control.

Since this case there have been several other compensation claim settlements where the new arguements have been used, to date all have been settled out of court.

Pinto Potts have expert Solicitors who can handle hospital superbug claims for MRSA & C Difficile on a ‘no fee’ basis.

If you or a member of your family have been affected by hospital superbugs please get in touch for free, confidential legal advice on 0800 316 4434.

We are not a call centre, so you will be able to speak directly with a Solicitor for immediate advice.