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MRSA Compensation Claims Specialists
Read our useful guide to learn about how one of our specialist solicitors could help you with MRSA compensation claims.
£85 million in compensation
MRSA Compensation Claims Specialists
Read our useful guide to learn about how one of our specialist solicitors could help you with MRSA compensation claims.
A Complete Guide To MRSA Compensation Claims
Methicillin-resistant Staphylococcus aureus (MRSA) is a common type of bacteria that ordinarily lives harmlessly on the skin. However, if it enters the body, it can be potentially life-threatening and cause serious infections, including pneumonia, meningitis, and sepsis. These effects can be extremely debilitating and cause financial uncertainty for those affected. If you’ve experienced this and been avoidably harmed due to substandard care, you may have given some thought to starting the MRSA compensation claims process. Fortunately, we’re here to help.
Key Takeaways
- According to government statistics for 2022 and 2023, 63% of MRSA cases were contracted in the community, and 37% from hospitals.
- According to the same study, the risk of MRSA is greater amongst older adults, with 15 out of every 100,000 people contracting it.
- Cases of MRSA are typically mild, often involving skin conditions such as abscesses, boils and cystitis.
- The spread of MRSA can be managed by washing hands frequently, sanitising surfaces, washing bedding and towels, and protecting patients with vulnerable immune systems.
- Negligent care may lead to MRSA due to poor hygiene conditions, inadequate wound care, and a failure to follow sterilisation practices during surgery.
At JF Law, we understand that getting started with the medical negligence claims process can seem daunting. As such, our friendly advisors work around the clock to provide whatever help and answers might be needed. They also offer a free consultation service to connect eligible claimants with our expert No Win No Fee solicitors to start your MRSA compensation claim. Please get in touch with our friendly team today:
- Contact us by filling out our online form
- Call us on 0151 375 9916
Can I Make A Claim For MRSA Compensation?
Yes, you could make a claim for MRSA compensation if you can demonstrate that the negligent acts of a healthcare professional caused you unnecessary harm. For MRSA compensation claims, this requires establishing the following:
- A healthcare professional owed you a duty of care
- This duty was breached
- You suffered avoidable harm as a result
As a patient, you should always receive the correct standard of care from healthcare professionals and medical facilities. This is termed a duty of care, which can be breached when standards fall below professional expectations. However, it’s important to remember that not every instance of patient harm is avoidable. MRSA itself also isn’t always preventable, and patients may still contract it or otherwise experience suffering even when a medical professional meets expected standards.
Can MRSA Compensation Claims Be Made Against The NHS?
MRSA compensation claims can be made against the NHS in situations where substandard treatment has led to patients being avoidably harmed. In this instance, your claim would be handled by NHS Resolution, an arm’s length body that is also responsible for paying out compensation in successful cases. The Department of Health funds this body, which has its own budget for awarding compensation, ensuring payouts do not impact healthcare services.
MRSA Compensation Claims On Behalf Of A Loved One
In certain circumstances, MRSA compensation claims can be made on behalf of loved ones if they cannot do for themselves because they are under 18 or mentally incapacitated. If this is the case for your loved one, you could claim for them by becoming a litigation friend. By taking on this role, you would need to perform various case-related duties and always act in the best interests of the claimant.
To learn more about starting an MRSA claim on behalf of a loved one, please get in touch with our friendly team today.
How Might Medical Negligence Result In MRSA?
Medical negligence may result in MRSA because of poor hygiene practices, inadequate monitoring, and a failure to properly isolate infected patients. Please see the most common examples and how MRSA compensation claims could arise as a result:
- A GP misdiagnoses you with impetigo after failing to examine you properly. This delays a diagnosis of MRSA, leading to a severe kidney infection and the need for aggressive treatment.
- Your surgeon doesn’t sanitise themselves before performing an operation on your leg. This allows MRSA bacteria to enter your body, resulting in sepsis and your leg being amputated.
- A nurse fails to check your wound for signs of infection despite knowing that you have a weakened immune system. You subsequently develop MRSA, suffering lung damage and pneumonia.
- Hospital staff do not isolate MRSA patients, causing the bacteria to spread to others. You are placed next to one of them, resulting in the infection transferring to you. This causes you to develop life-threatening endocarditis.
Please note that the above list is not an exhaustive list of MRSA negligence. You can discuss your personal experience by chatting with one of our advisors, day or night.
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What Compensation Can I Get For An MRSA Claim?
For an MRSA claim, you can be compensated for your physical pain, mental suffering, and related financial loss. If your claim succeeds, then the starting point for compensation will be general damages. These cover the effects of the avoidable harm you experience, and can also account for how your day-to-day life has been affected.
To calculate general damages, your solicitor may use your medical report along with the Judicial College Guidelines (JCG). The JCG is widely used across the legal profession because the document contains compensation guidelines for various types of harm.
All entries in the table below, aside from the first row, have been taken from the JCG. Please note that they are all guidelines and do not guarantee how much you could be awarded if your claim wins.
| Harm | Notes | Compensation Guideline |
|---|---|---|
| Multiple very severe forms of harm with financial losses | Special damages might include lost earnings, home modification costs, and medical expenses | Up to £1,000,000+ |
| Very severe brain damage | The level of award may be affected by the degree of insight and any sensory impairment | £344,150 to £493,000 |
| Moderate (i) brain damage | Where there is a personality change, an effect on speech, and no prospect of employment. | £183,190 to £267,340 |
| Paraplegia | Award will depend on the degree of independence and life expectancy | £267,340 to £346,890 |
| Bowel (b) | Natural function totally lost, with colostomy dependence | Up to £183,190 |
| Lung (a) | Where there may be a progressive worsening leading to a premature death | £122,850 to £165,860 |
| Female Reproductive System (c) | Infertility with no sexual dysfunction or aggravating features | £68,440 to £87,070 |
| Bladder | Control will be seriously impaired, causing some incontinence and pain | £78,080 to £97,540 |
| Kidney (c) | Loss of 1 kidney with no damage to the other | £37,550 to £54,760 |
| Bodily scarring (b) | Several noticeable scars or 1 that is disfiguring, affecting legs, arms, back, chest, or hands | £9,560 to £27,740 |
Special Damages
If the harm you suffered caused you financial loss, then you could be reimbursed for this impact under special damages. These damages can only be claimed for if you have evidence of the losses, such as receipts or bank statements. If this is the case, then you could claim for various out-of-pocket expenses, such as:
- Loss of earnings, including any future impact on income
- Private medical treatments, consultations, and prescriptions to treat the MRSA infection
- The cost of travelling between medical appointments
- Home modifications to accommodate any permanent disabilities, like ramps, chairlifts or hoists
- Care costs if you required help with cooking, nursing, and dressing
You can get a more personalised discussion of MRSA compensation by talking to our advisory team.
What Is The Time Limit For MRSA Compensation Claims?
The time limit for starting MRSA compensation claims is typically 3 years from when the negligence occurred or the date on which it is discovered. This is established by the Limitation Act 1980, but the time limit is paused for the following scenarios:
- Minors: Since minors are too young to claim, the 3-year time limit doesn’t apply until the date of their 18th birthday.
- Insufficient mental capacity: If someone doesn’t have the capacity to claim for themselves, then the time limit is suspended until a recovery is made. Here, the 3 years would be counted from the point at which the capacity is restored.
To learn more about time limits, please don’t hesitate to get in touch with our team today.
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How Can I Prove Medical Negligence Caused MRSA?
To prove medical negligence caused MRSA, you will need to provide evidence showing how substandard care directly led to your suffering unnecessarily. That might involve your claim using the following types of evidence:
- A copy of your medical records, including test results and clinical assessment notes
- Photographs of leaking pus, abscesses, or other signs of the MRSA
- Contact details of family and medical staff who could provide a supporting statement to your solicitor. This testimony could confirm inadequate infection control practices, such as a nurse not washing her hands between patients
If you’re connected with one of our expert solicitors, they could help to gather evidence on your behalf to ensure a smooth process. To start your claim today, please get in touch with our friendly advisory team.
No Win No Fee MRSA Compensation Claims
At JF Law, our dedicated solicitors have used their expertise and experience to advocate on behalf of clients in No Win No Fee MRSA compensation claims nationwide. They firmly believe every client and case matters, and they make sure to tailor their service accordingly to meet the individual needs of claimants.
As part of this client-focused approach, our solicitors work under a Conditional Fee Agreement (CFA). This arrangement means you would never be charged a service fee for your solicitor’s work at the beginning of your claim or at any other stage. In fact, you wouldn’t pay these fees at all if you aren’t successful.
If your claim wins, you will need to pay a small success fee to your solicitor. While this is taken as a percentage of your compensation, you’ll be sure to keep the bulk of it, as it is limited by a legal cap.
If you’re connected with one of our talented solicitors, you will be supported from start to finish. So, you can expect:
- To stay informed about your case with regular updates
- Help with paperwork and other aspects of the claims process
- Active support with gathering medical records, eyewitness statements, and other evidence
- Expert representation throughout negotiations and a commitment to secure a settlement that best reflects the pain and suffering you endured
- Assistance with accessing specialist services to support your health needs over the short and long term
Get In Touch With Our Solicitors
Whether you have questions or want to start the MRSA compensation claims process, please get in touch with our friendly team today:
- Contact us by filling out our online form
- Call us on 0151 375 9916
Frequently Asked MRSA Questions
The following are some frequently asked MRSA compensation claims.
How Is MRSA Caused?
MRSA is caused by the Methicillin-resistant Staphylococcus aureus bacteria, which enter the body through direct or indirect skin contact. This may occur due to:
- Contaminated surfaces
- Open skin wound, such as a cut or a drip into a vein
- Catheters, IV drips, or other invasive medical devices
What Are The MRSA Symptoms?
The symptoms of MRSA typically include painful, swollen and red skin. Other signs include:
- Leaking of pus or liquid
- A high temperature
- Breathing difficulties
- Dizziness or confusion
- Chills
What Are Some Potential Risks Of MRSA?
Some of the potential risks of MRSA include toxic shock syndrome, pneumonia, and endocarditis. Minor cases may cause skin infections, such as boils and cellulitis.
How Can MRSA Be Prevented?
MRSA can be prevented by practising good hygiene standards, such as frequent hand washing, using hand sanitiser, and cleaning wounds. Other additional steps include
- Cleaning surfaces, towels, and bedding
- Not sharing razors, washcloths, or other personal items
What Treatment Is Available For MRSA?
Oral antibiotics are the main treatment available for MRSA. In more severe cases, MRSA may require antibiotics via an IV drip or an injection. Different options may be used if the MRSA is resistant to antibiotics.
More Information
For more information about medical negligence claims, please see some of our other guides:
- Learn about making pressure sore claims
- Get help with cauda equina syndrome claims
- See the following advice on claiming for gynaecology medical negligence
Additional external resources:
- Learn about how to treat a cut or graze from the NHS
- See the following advice on your rights to access medical reports from the British Medical Association
- Get help with applying for statutory sick pay from Gov.UK
Thank you for reading our MRSA compensation claims guide, and please reach out for more tailored advice.
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