By Jo Anderson. Last Updated 6th November 2023. In this guide, we talk about the process of making MRSA claims. If you have caught an MRSA infection because of negligence by another party, such as a hospital you’re staying in, then you may be eligible to claim compensation.
Within this guide, we’ll clarify what MRSA is and in what circumstances you could potentially claim for catching this infection. We’ll also examine what damages you could be compensated for and look at potential payouts.
Please call 0800 073 8801 for free advice from our team or to be potentially connected to a specialist solicitor with experience in hospital negligence claims.
You can alternatively contact us online through our start claim form or our 24/7 live chat service. But first, please read on to find out more about MRSA personal injury claims for compensation.
Select A Section
- Can I Claim For A Hospital Acquired Infection?
- How To Prove Medical Negligence In MRSA Compensation Claims
- Examples Of MRSA Compensation Settlements
- Claiming For MRSA With A No Win No Fee Solicitor
- Useful Resources Relating To MRSA Compensation
Not all instances of developing a hospital infection will form the basis of a valid claim. In order to seek compensation, you must be able to demonstrate that a medical professional failed to provide you with the correct level of care and caused you avoidable harm as a result. This is known as medical negligence or clinical negligence.
An example of medical negligence occurring in a hospital could include a person developing a staph infection after surgery due to them receiving poor post-operative care.
To learn more about seeking compensation for medical negligence, please get in touch on the number above.
I Contracted MRSA At Work – Can I Claim?
In the UK, all employers must follow the legislation in place to ensure that the working environment is as safe and healthy as possible for employees and all other staff. Healthcare providers must also abide by the legislation. If you work at a hospital, or in any other type of healthcare setting, and your employer fails in this legal obligation, there is a very high chance you could be entitled to compensation if you contracted MRSA as a result.
Time Limit For MRSA Claims
If you are eligible to make a medical negligence claim for MRSA compensation, you will need to ensure that you start proceedings within the relevant time limit. Generally, you will have three years to start your claim from the date you were harmed or the date you connected the harm with negligence. This is known as the date of knowledge.
However, there are some exceptions to this limitation period. For example, the time limit is paused for those under the age of 18. From their 18th birthday, they will have three years to start a claim. However, prior to this date, a court-appointed litigation friend could make a claim on their behalf. This could be a parent, legal guardian or solicitor, for example.
For more information about MRSA claims or about the other exceptions to the three-year time limit, you can contact our advisors.
A few examples of actions that could be considered medical negligence and lead to you contracting MRSA include:
- A failure to properly clean or sterilise your room and bedding
- A failure to properly clean or sterilise the medical equipment they use to treat you
- Placing you in close contact with a patient who has displayed symptoms of the disease
If actions such as these had occurred in your care, you could support your claim by presenting:
- An official report from an investigation conducted by the hospital
- Your medical records – containing both evidence of your treatment and illnesses
- The contact details of other patients who may have witnessed your care and could provide testimony
Additionally, you may need evidence that can show the unnecessary harm you have suffered. This would be evidence of your illness, and its effects on your life both personally and financially. You could present your medical records, personal testimony and receipts of your spending and losses as part of your claim.
As a claims team, we have managed several successful MRSA compensation claims. You can reach out to one of our advisers to make an enquiry as to how negligence can be proved in such a claim, or how much compensation can be awarded in MRSA claims.
Successful MRSA claims could lead to a payout that comprises general and special damages. General damages compensate for the pain and suffering you have experienced which has been caused by medical negligence as well as considering the impact this has had on your quality of life.
Solicitors can refer to the Judicial College Guidelines to help them calculate the value of general damages as it contains guideline compensation brackets. We have used these in the table below. However, you should only use these as a guide because they are not a reflection of the payout you will receive.
|Type of injury sustained
|Typical payout amount
|Severe psychological injuries (a)
|This payout is for the worst type of psychological claims. The person will experience issues with regards to all of the following: – The extent to which treatment would work.
– Their relationships with other people.
– Vulnerability in the future.
– Their work life, education, and day-to-day life.
|£54,830 to £115,730
|Moderately severe psychological injuries (b)
|What separates these cases from the above is that the prognosis will be a lot more positive.
|£19,070 to £54,830
|Moderate psychological injuries (c)
|For these cases, the individual will experience some of the issues that have been mentioned above. However, there will be significant improvements by the time that the trial comes around.
|£5,860 to £19,070
|Less severe psychological injuries (d)
|The amount that is awarded for this category is dictated by the extent to which sleep is impacted and the person’s daily living.
|£1,540 to £5,860
|Non traumatic illness (b) (i)
|Severe – causing a significant impact on life and work.
|£38,430 to £52,500
|Non traumatic illness (b) (ii)
|Serious but short lived illnesses.
|£9,540 to £19,200
|Non traumatic illness (b) (iii)
|Complete recovery in 1-2 years
|£3,950 to £9,540
|Non traumatic illness (b) (iv)
|Lasting days or weeks
|£910 to £3,950
For more information on MRSA compensation payouts, please get in touch on the number above.
What Else Can An MRSA Compensation Payout Cover?
If your MRSA claim is successful, your payout could include special damages as well as the general damages figures you can see in the table above.
Special damages is the head of claim that compensates you for financial losses and costs caused by your injuries. Special damages in a successful MRSA compensation claim could include, but are not limited to:
- Care costs – If you needed to pay for someone to look after you, or if a family member gave up time to care for you because you were unable to look after yourself while you recovered from your illness.
- Medical expenses – If you had to pay for prescriptions, or other costs not covered on the NHS.
- Travel expenses – For costs getting to medical appointments, for example.
- Loss of earnings – If you lost income because of the undue harm you suffered from contracting MRSA.
To learn more about the special damages that could make up MRSA compensation payouts, please contact an advisor. They could also give you advice on the evidence you need to support any claim for special damages.
If you are eligible to make a claim, you may prefer to get help from one of our solicitors, who have a good track record of recovering MRSA compensation payouts. As well as presenting your case in the right way to the defendant, they could assist by helping gather relevant evidence and negotiating a settlement on your behalf.
If eligible, one of our solicitors may offer to take on your MRSA claim under a No Win No Fee Agreement, such as a Conditional Fee Agreement (CFA). This is an agreement whereupon you would not have to pay your solicitor for their work unless your claim ends in a successful outcome.
If your case is successful, your solicitor would deduct a small, legally capped percentage of your payout to cover their fees. If your claim ends without a payout, you would not typically have to pay your solicitor for their work.
To see if one of our solicitors could assist you under a CFA, please contact an advisor for free. You can take advantage of our case check and discover whether or not we can help you make an MRSA compensation claim today:
We hope that you have found this guide useful while searching for more information on MRSA claims. However, if you need any further details, you may find the links below useful.
- NHS page on what you’ll need to be aware of when it comes to the bacteria MRSA
- Go here to learn more about medical negligence claims
- Head here for more questions and answers on medical negligence
- Click here to learn more about dry needling claims
- Go here to learn about clinical negligence at University Hospital Wales
- Or head here to learn about claims against Newcastle Upon Tyne Hospital
- This guide is all about Whiston Hospital negligence
- Here’s a guide on hospital infection claims
- This guide’s all about breast reduction negligence
- Head here to learn about claiming compensation for unnecessary surgery
- Here’s a guide on negligent cosmetic surgery
- Learn all about claiming compensation for GP or doctor negligence here
- Or head here to learn about breast implant negligence
If you would like to learn more about MRSA negligence claims, you’re welcome to speak to our advisors using the contact details included on this page.