Hospital Infection Claims

You may be entitled to make a hospital infection claim if you developed an infection because appropriate hygiene, infection control, wound care or monitoring procedures were not followed. You may also have grounds for a claim where an infection was not diagnosed or treated promptly and this caused avoidable harm.

Claims may involve MRSA, C. difficile, surgical site infections, wound infections, urinary tract infections, pneumonia, bloodstream infections, sepsis and other infections acquired during hospital treatment. A claim depends on whether negligent care caused or worsened the infection.

No. Some infections can occur despite appropriate medical care. However, negligence may be involved where healthcare staff failed to follow infection-control procedures, maintain adequate hygiene, care for wounds properly, prescribe suitable antibiotics or respond to signs of infection within a reasonable time.

You may be able to claim if a surgical site infection resulted from poor sterile technique, inadequate wound care, delayed diagnosis, inappropriate antibiotics or a failure to monitor your recovery. Independent medical evidence will usually be required to establish whether the infection was caused or worsened by negligent care.

Yes. If healthcare professionals failed to recognise symptoms, arrange suitable tests, prescribe appropriate treatment or escalate care, and the delay caused the infection to worsen, you may have grounds to pursue an infection negligence compensation claim.

Compensation may cover pain and suffering, additional medical treatment, rehabilitation, professional care, travel expenses, loss of earnings and future financial losses. In serious cases, claims may also include the cost of prosthetics, adaptations, psychological support and lifelong care.

Your solicitor will usually obtain your medical records, infection control records, test results, treatment notes and relevant hospital policies. Independent medical experts may then assess whether the infection should have been prevented, diagnosed earlier or treated differently.

In most cases, court proceedings must be started within three years of the negligent treatment or the date you first became aware that negligence may have caused your injury. Different rules can apply to children and people who lack mental capacity, so early advice is recommended.

Many hospital infection claims are resolved through negotiation without a full court hearing. Court proceedings may still need to be issued to protect the claim or resolve disputed issues. Your solicitor will explain each stage and support you throughout.

In some circumstances, a family member may bring a claim on behalf of a child or an adult who lacks mental capacity. A claim may also be possible following the death of a loved one where a hospital infection or delayed treatment contributed to their death.

No Win No Fee funding, also known as a Conditional Fee Agreement, may be available for suitable hospital infection claims. Wollens can assess your circumstances and explain the funding options, potential costs and any applicable deductions before you decide whether to proceed.