MRSA & MSSA - CAN I MAKE A CLAIM?

The growing number of people presenting with MRSA/MSSA and other hospital acquired infections has lead to an influx of enquiries from potential claimants who feel that the hospital is to blame for their illness.

It is estimated that 40% of the population of the United Kingdom are active carriers of the 'super-bug' and this figure is even more prevalent in the hospital community.

A cause of action for a claim will arise when a patient becomes infected with MRSA.

It is important to note the distinction between receiving a positive swab result and actually being infected with MRSA. A positive skin swab result will only indicate that the patient is a carrier (known as colonisation). A person infected with MRSA will have the infection in their blood stream. Once MRSA is on a bone, organ or prosthesis, the only solution is to surgically remove, as anti-biotics will not clear it.

A person is only said to have suffered an injury from MRSA if it is in their blood stream and it then goes on to cause further damage to bones, organs or prosthesis. Approximately 7,000 people become infected through bacteraemia in this way every year - these are the people who may have a claim.

MRSA can be contracted in a number of ways. It survives on plastic surfaces and can be easily passed from patient to patient where the Doctor or nurse in charge of their care does not wash their hands between handling these pieces of equipment.

Intravenous lines post surgery is the most common cause/route of infection. Long term urinary catheters, major open wounds, and non-sterile injections and aspirations are other typical routes of infection.

Evidence of the action that caused the infection will be required, and your legal team at Metcalfes will collate detailed evidence from your family, friends and other patients on the practices of the hospital before and after the infection is diagnosed.

Questions to consider:

If you were infected, with MRSA during your stay in hospital, did you, your family or your friends notice:

If Doctors and nurses washed their hands after treating each patient?

If hands were washed with soap or other anti-bacterial agent?

If alcohol gel was placed at the base of your and other patients beds?

If this alcohol gel was applied before touching you or your equipment?

If gloves were used for examinations and procedures?

If gloves were changed between patients?

Any other indicators of poor hygiene on the ward or by staff?

Were other people on your ward swabbed positive for MRSA, confirming its presence?

And if so, were barrier nursing methods adhered to?

If one or more of the above weren't followed then it may be that the hospital have breached their duty of care to you.

You may also have a claim if you are infected with MRSA and it is not diagnosed, allowing the disease to develop, leading to exacerbation of the symptoms and causing additional damage by the delay in treating.

Similarly, you may also have a claim if MRSA has been diagnosed but there is delay in adequately treating it, thereby allowing the illness and its effects to spread and magnify.

New claims are being brought as this area of law continues to develop. If you feel that you may have a claim please call the Head of Department Angelina Rigby or department member Nye Moloney on 0117 929 0451, or email arigby@metcalfes.co.uk, for a free initial consultation.

This press release summarises the law on issues which we believe may be of interest to you. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published