Medical professionals are responsible for keeping you safe and healthy and should take reasonable care of you. Unfortunately, infections and the resulting complications can happen when those responsible for your care don’t meet their obligations. Healthcare mistakes that might entitle you to make an infection compensation claim include:

• Poor sterilisation procedures: inadequate sterilisation of medical instruments can introduce harmful bacteria into a patient's body during surgery or other procedures. Poor sterilisation of surfaces and equipment generally can also increase the risk of an infection, because if a hospital does not properly clean rooms, beds or equipment, this can create an environment where bacteria and other pathogens can flourish.
• Failure to follow infection control guidelines: hospitals have specific guidelines for hygiene and infection control, such as hand-washing protocols. Failure to stick to these measures can result in the spread of bacteria and other pathogens.
• Improper antibiotic use: overuse or misuse of antibiotics can contribute to the development of antibiotic-resistant bacteria like MRSA. If a healthcare provider negligently prescribes or administers antibiotics, it may lead a patient to develop a more resistant infection that is more difficult to treat.
• Negligent post-operative care: after surgical procedures, rigorous hygiene and care are needed to prevent infection at the surgical site. Doctors should also provide clear instructions for patients to follow their own aftercare procedures. Failure in any of these areas could be considered negligence.
• Inadequate staff training: medical staff who are not properly trained in infection control measures can make errors that lead to the spread of infections. This could be anything from improperly inserting a catheter to failing to identify symptoms of an infectious disease.
• Improper use or maintenance of medical devices: devices such as ventilators or IV lines can become sources of infection if they are not properly sterilised, maintained or used.
• Communication errors: a lack of effective communication between healthcare providers can result in oversights that lead to the spread of infections. For instance, if a medical professional doesn’t communicate that a patient has a particular infection, the facility may not be able to take the right precautions to prevent it from spreading.
• Improper disposal of medical waste: medical waste needs to be carefully handled and disposed of to prevent the spread of infections. If medical waste is not disposed of according to the relevant regulations, this can significantly increase the likelihood of infections spreading.

If you’re unsure whether you experienced medical negligence, speak to a member of our team. Switalskis’ infection claims solicitors have a wealth of experience in this area and can help you to identify whether or not you’re eligible to claim.

The amount of compensation you’ll receive for a hospital-acquired infection varies greatly according to the individual circumstances you faced. Things like the harm you suffered, the nature of your infection and the impact on your life will affect how much compensation you could receive.

Compensation payments consist of two types of damages: general damages, and special damages. General damages take into account the pain, suffering and loss of amenity you experienced as the result of a hospital-acquired infection. Judicial College guidelines and previous settlements for similar infections can affect how much you should expect in general damages.

Special damages are calculated based on any financial losses or expenses related to your infection and recovery. If you took time off work and lost earnings during your recovery, or will be unable to work in the future due to the aftermath of your infection, a claim will cover these losses. Similarly, if you’re left with a disability that needs you to make modifications to your home, vehicle or lifestyle, special damages can cover the costs associated with this.

Because of these factors, it is difficult to provide estimates for how much compensation you could be owed. The best way to get an accurate estimate of the compensation you’re due is to speak to a solicitor about the specifics of your case. Contact Switalskis today and we’ll be able to provide an estimate of how much compensation you could receive based on a discussion of your circumstances.

At Switalskis, we believe that no one should be held back from claiming compensation simply because they are worried about the financial cost. We offer a few different arrangements to cover legal fees and minimise risk to our clients, so that anyone who has the right to make a claim is able to do so.

• No win, no fee agreements: also known as conditional fee agreements (CFAs), no win, no fee arrangements are the most common way to fund an infection negligence claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
• Legal expenses insurance: under this arrangement, we’ll begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses covered as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaise with your insurer.
• Legal aid: in rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

During our initial conversation, we’ll talk about funding options to put your mind at ease when it comes to paying for legal support. That way, you can enjoy peace of mind about your case and not have to worry about facing any financial risk when making a claim.