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Can I claim for MRSA and infections picked up in hospital?

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    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I claim for MRSA and infections picked up in hospital?

    MRSA is one of several infections that are difficult to treat. It is considered by many to be a hospital-acquired infection because most cases are picked up in hospital when people’s immune systems are already weakened. When you go into hospital, you expect to get better, not to become worse by acquiring an infection. Therefore, if you have contracted MRSA or another type of infection whilst in hospital, you may be able to claim damages.

    What are “superbugs”?

    MRSA – methicillin-resistant staphylococcus aureus – is a particularly nasty infection because it is resistant to many antibiotics. MRSA is a bacterium, which is fairly common and resides quite benignly in many people. However, when people visit hospital and their immune systems are low, MRSA can get into wounds or onto surgical instruments, which can result in a terrible illness. Because MRSA is resistant to most antibiotics, it can take a long time to clear up and leave patients with horrible scarring and injuries. Furthermore, MRSA is not the only antibiotic-resistant bacterium that people can pick up in hospital. Others include necrotizing fasciitis and clostridium difficile (C.Diff). Because of their resistance to antibiotics, these hospital-acquired infections are often called “superbugs.”

    Good practice

    One of the reasons these superbugs have become so prevalent in recent years is that hospitals are not as clean as they used to be. To prevent the spread of these infections, hospitals now have to implement strict procedures regarding cleanliness and contamination. Any patient discovered with MRSA or other infections has to be kept away from other patients. In addition to this, all hospital staff have to wear disposable gloves and follow strict hand washing guidelines between treating patients and all visitors to a ward have to wash their hands with anti-bacterial solution.

    Starting a superbug illness claim

    Despite these strict procedures, some people still contract these infections when in hospital. This usually means that there has been some deviation from the guidelines or negligence on behalf of the hospital, resulting in you becoming infected. Therefore, you may have the right to claim for damages if you have acquired MRSA or other infections whilst in hospital and should speak to an injury lawyer as soon as possible.

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