Skip to content 
Hospital infection claims can arise when negligent medical care causes a patient to contract an avoidable infection or allows an existing infection to become more serious. Not every hospital-acquired infection is caused by medical negligence, as infections can develop even when appropriate care is provided. Whether you can make a claim will depend on what happened during your care and whether the infection caused harm that could otherwise have been avoided.
Developing an infection during a hospital stay can make an already difficult period of ill health considerably harder. You may need further medical treatment or remain in hospital for longer than originally expected. In severe cases, a serious infection can affect your recovery long after you return home, particularly if you have a weakened immune system or develop lasting complications. Understanding whether this was an unavoidable consequence of treatment or the result of negligent care can be difficult without a clinical examination of what happened.
Legal Helpline can connect you with a medical negligence solicitor from our panel with experience in assessing hospital infection claims. A solicitor from our panel can examine the circumstances surrounding the infection and obtain independent medical evidence to assess whether the care you received fell below the expected standard and whether appropriate treatment could have prevented the additional harm you suffered.
Contact our advisors today to discuss your case and to see if a solicitor from our panel could help you.
Jump To A Section
- What Are Hospital Infection Claims?
- Can I Claim Compensation For A Hospital Infection?
- How Can Hospital Negligence Lead To Serious Infections?
- Which Hospital Infections Could Lead To Compensation?
- When Could A Hospital Be Liable For An Infection?
- How Much Compensation Could Hospital Infection Claims Pay?
- What Evidence Is Needed To Bring A Hospital Infection Claim?
- How Legal Helpline Can Support Your Hospital Infection Claim
- Can I Make A Hospital Infection Claim On A No Win No Fee Basis?
- More Information
What Are Hospital Infection Claims?
Hospital infection claims are medical negligence claims made when a patient suffers avoidable harm because an infection developed, was not treated appropriately, or became more serious due to substandard medical care. A claim focuses not simply on the presence of an infection, but on whether the care provided fell below the standard reasonably expected of competent healthcare professionals and caused additional harm.
These cases can involve failures at different stages of a patient’s care. For example, poor infection control may allow an infection to develop, while a delayed diagnosis could allow an existing infection to progress before effective treatment begins. Whether appropriate treatment would probably have produced a better outcome will depend on the patient’s condition and what should have happened at that stage of their care.
Hospital infection compensation claims can arise following negligent treatment in either an NHS or private hospital. The circumstances leading to an infection will determine how the claim is investigated, including what went wrong clinically and the additional harm this caused.
If an infection has left you facing a longer or more difficult recovery and you are unsure whether something went wrong with your care, you do not have to work that out alone. Contact our advisors who can connect you with a solicitor from our panel who can listen to what happened and help you understand whether your experience could form the basis of a claim.
Can I Claim Compensation For A Hospital Infection?
Yes, you may be able to claim compensation for a hospital infection if negligent medical care caused an avoidable infection or allowed an existing infection to become significantly worse. Hospitals cannot eliminate every infection risk, so hospital infection claims depend on whether substandard care caused additional harm rather than simply whether an infection developed.
Hospitals are expected to follow appropriate infection control procedures and respond properly when an infection develops. What constitutes appropriate care will depend on the treatment being provided and the patient’s clinical circumstances.
When assessing a medical negligence compensation claim, a solicitor from our panel can consider:
- How the infection developed: Medical records can help establish when the infection emerged and whether the treatment provided at that stage was appropriate.
- Whether infection control was adequate: A solicitor from our panel can investigate the infection control procedures used during your care and obtain independent medical evidence to assess whether they met the appropriate clinical standard, particularly where a surgical wound or medical device provided a potential route for infection.
- How the hospital responded: A delayed diagnosis or inadequate treatment may support a claim if earlier intervention would probably have prevented a serious infection from developing.
- What additional harm was caused: Independent medical experts can distinguish the effects of your original condition from harm caused by negligent medical care, helping establish what hospital infection compensation may reflect.
You do not need to determine whether hospital negligence occurred yourself. If an infection made your recovery unexpectedly difficult, speak with our advisors. They can answer any questions you may have and examine whether you may have an eligible claim.
How Can Hospital Negligence Lead To Serious Infections?
Hospital negligence can lead to serious infections when failures in patient care expose someone to harmful bacteria or allow an existing infection to progress.
The precautions required depend on the treatment being provided and the patient’s individual risk factors, but infection prevention must be considered throughout their care. Where an infection does develop, recognising and treating it promptly can be equally important in preventing further harm.
Poor Infection Prevention And Control
Poor infection prevention and control can increase the risk of a hospital-acquired infection when appropriate hygiene and safety procedures are not followed. Healthcare professionals should take precautions appropriate to the patient’s care, particularly where treatment creates a route through which bacteria could enter the body.
Medical equipment used during treatment must be handled and sterilised appropriately. Poor hand hygiene can also transfer harmful bacteria between patients or surfaces, while inadequate isolation measures may expose vulnerable patients to an infectious illness that could otherwise have been contained.
Delays In Diagnosing Or Treating Infection
Delays in diagnosing or treating an infection can allow it to spread and cause complications that earlier medical treatment may have prevented. Hospital staff should respond appropriately to signs of infection and arrange further investigation where a patient’s condition gives cause for concern.
If symptoms suggesting a serious infection are not recognised, necessary tests or antibiotics may be delayed, allowing the patient’s condition to deteriorate. In severe cases, an untreated infection can spread to other parts of the body and lead to sepsis, a life-threatening reaction to infection.
Surgical And Post-Operative Negligence
Surgical negligence and post-operative negligence can lead to an avoidable infection if appropriate precautions are not taken during an operation or problems with a wound are not addressed afterwards. The care required will depend on the procedure and the patient’s clinical circumstances.
After surgery, a wound should be monitored for signs of developing infection. If concerning changes to the wound are not acted upon, treatment may be delayed, and the infection could become more difficult to manage.
Negligence Involving Catheters And Medical Devices
Negligence involving catheters and medical devices can increase the risk of infection because invasive equipment can provide a route for bacteria to enter the body. Devices such as urinary catheters and IV lines therefore require careful management while they remain in use.
A urinary catheter that remains in place longer than clinically necessary can increase the risk of bacteria entering the urinary tract. If an infection develops, hospital staff should consider whether the device is still required and respond appropriately to any deterioration in the patient’s condition.
If any of these instances sound simialr to your case, contact our advisory team today to see whether you may be eligible for compensation.
Which Hospital Infections Could Lead To Compensation?
Hospital infections such as MRSA, C. difficile and infections that lead to sepsis could lead to compensation if negligent care caused the infection or allowed it to become more serious. The diagnosis alone does not determine whether you can claim; what matters is whether substandard care caused avoidable harm.
Infections that may be involved in hospital infection claims include:
- MRSA: Methicillin-resistant Staphylococcus aureus (MRSA) can be difficult to treat because it is resistant to many antibiotics. A claim involving an MRSA infection may arise if preventable infection-control failures contributed to a patient contracting MRSA.
- C. difficile: Clostridioides difficile (C. difficile) infections can cause severe gastrointestinal illness, particularly in vulnerable patients. A claim may be possible where negligent infection control or treatment failures caused avoidable harm.
- Sepsis: An infection can sometimes trigger sepsis, a life-threatening reaction that requires urgent treatment. Negligent delays in recognising or treating infection may allow a patient’s condition to deteriorate.
If you developed a serious infection during hospital treatment and are unsure whether your care contributed to it, contact Legal Helpline for a free assessment of your circumstances.
When Could A Hospital Be Liable For An Infection?
A hospital could be liable for an infection if the care provided by its healthcare professionals fell below an acceptable standard and this caused avoidable harm. Liability will depend on what should reasonably have happened in the patient’s particular clinical circumstances and whether failures in their care affected the outcome.
In an NHS hospital, a medical negligence claim will commonly be brought against the NHS trust responsible for the negligent care rather than an individual medical professional.
Where negligent treatment occurred in a private hospital, identifying the correct defendant may depend on who provided the treatment and the arrangements under which the healthcare professional was working.
Independent medical evidence can be used to compare the care provided with the standard reasonably expected in those circumstances. This can help establish whether the hospital or its healthcare professionals were responsible for the avoidable harm suffered.
A solicitor from our panel can identify the appropriate defendant and assess whether the available evidence supports holding them responsible for the harm you suffered.
How Much Compensation Could Hospital Infection Claims Pay?
How much compensation hospital infection claims could pay depends on the harm caused by the infection and the impact it has had on your life. Compensation amounts can vary considerably because an infection requiring a short course of additional treatment will have very different consequences from a serious infection that causes long-term symptoms or permanent damage.
When valuing claims, relevant factors include:
- The harm caused by the infection: The assessment will consider how the infection changed your expected recovery, including whether it caused additional pain or prolonged the medical treatment you required.
- The longer-term consequences of the infection: Severe cases may result in lasting complications or damage to internal organs. The effect on your independence and future prognosis can therefore influence how much compensation is awarded.
- The financial losses caused by the infection: Hospital infection compensation can also account for financial losses resulting from the negligent care. This could include lost earnings if the infection prolonged your recovery or additional care costs where lasting complications affected your independence.
Compensation for the pain, suffering and loss of amenity caused by medical negligence is awarded as general damages. When valuing this part of a medical negligence compensation claim, solicitors may refer to the Judicial College Guidelines (JCG), which provide guideline compensation brackets for different injuries and illnesses at various levels of severity. These figures are guidance rather than a guarantee of the amount a successful claim will receive.
We have used some of the JCG’s entries in the following table. Please be aware that the top entry has not been taken from the JCG.
| Harm | Severity | Compensation |
|---|---|---|
| Various very serious types of harm and financial losses | Multiple very serious types of harm and financial losses such as lost income, private medical expenses and travel costs. | Up to £1,000,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) - at the top of this bracket, physical pain will be present and an impact on the senses or ability to communicate | £428,850 to £533,720 |
| Brain Damage | Very Severe - at the top end of the bracket, there may be some ability to follow commands, but little, if any evidence of a meaningful response to environment | £372,570 to £533,720 |
| Kidney | Severe (a) - permanent and serious damage to or the loss of both kidneys | £223,800 to £277,980 |
| Bladder | Complete Loss of Function (b) - loss of control and function | Up to £185,840 |
| Bowels | (c) - faecal urgency and passive incontinence | In the region of £105,580 |
| (d) - serious abdominal injury usually necessitating a temporary colostomy and leading to an impairment of bowel function | £58,910 to £92,130 | |
| Chest | (c) - damage to the lungs/chest causing some continuing disability | £41,370 to £72,440 |
| Lung Disease | (e) - brochitis and wheezing paired with varying levels of anxiety about the future | £27,480 to £41,370 |
| Spleen | (a) - loss of the spleen with a continued risk of internal infection | £27,480 to £34,740 |
What Financial Losses Could Be Included In Hospital Infection Claims?
Hospital infection claims can include compensation for financial losses such as lost earnings, treatment costs and care expenses where these resulted from the avoidable harm caused by negligent care. These losses are known as special damages, and a solicitor from our panel can investigate how the infection affected your finances to calculate what may be recoverable.
As part of valuing your claim, they can assess:
- Lost income during a longer recovery. If a hospital-acquired infection kept you in hospital or away from work for longer than your original condition would have required, the earnings lost during that additional period could be recovered. Your solicitor can use payslips, employment records and medical evidence to calculate the loss attributable to the infection.
- Additional treatment needed because of the infection. You may incur costs for medication, rehabilitation or other medical treatment that would not have been necessary without the infection.
- Care needed while recovering from the infection. If complications left you temporarily or permanently unable to manage everyday activities independently, the cost or value of additional care may be recoverable. Care records, invoices and evidence of unpaid assistance can help your solicitor calculate this loss.
- Future losses caused by lasting complications. A serious infection can sometimes leave permanent health problems that affect your ability to work or create ongoing treatment and care needs. Your solicitor can use evidence about your prognosis alongside employment, care and financial information to calculate the likely future cost.
Accurate evidence allows these losses to be linked specifically to the additional harm caused by negligent care rather than your original reason for being in hospital. Contact our advisors today to discuss your case.
What Evidence Is Needed To Bring A Hospital Infection Claim?
To bring a hospital infection claim, relevant evidence could include your medical records, independent medical evidence and records showing how the infection affected your recovery. This evidence can help establish what happened during your treatment, whether the care provided fell below the appropriate standard and what additional harm resulted.
A solicitor from our panel can gather evidence to understand how your condition progressed and identify the key clinical decisions made during your care. Independent expert opinion can then help assess whether those decisions met the required standard and whether you have grounds to make a medical negligence claim.
How Can I Prove Hospital Negligence Caused An Infection?
To prove medical negligence caused an infection, evidence must support both a failure in the care provided and a connection between that failure and the harm you suffered. Rather than relying on a standard checklist, the evidence needed will depend on how the infection developed and the concerns surrounding your treatment.
Evidence may include:
- Hospital records showing when the infection developed. A solicitor can obtain medical records documenting your symptoms, test results, and treatment. These can establish when signs of infection first appeared and how healthcare professionals responded as your condition developed.
- Records relating to infection prevention and treatment. Depending on what happened, relevant records may help establish how a surgical wound, catheter or other medical device was managed, or when antibiotics and other treatment were provided.
- Independent medical evidence on the standard of hospital care. An appropriately qualified medical expert can review the clinical evidence and give an opinion on whether the infection prevention, diagnosis or treatment you received fell below the standard reasonably expected.
- Independent evidence linking negligent hospital care to additional harm. Medical expert evidence can also address what would probably have happened if appropriate hospital care had been provided. This can help distinguish the effects of your original illness or treatment from prolonged illness, sepsis or other complications caused by the negligent care.
- Evidence of your recovery from the infection and lasting complications. Follow-up medical records, rehabilitation evidence and information about further treatment following the infection can demonstrate how it affected your recovery and whether you have been left with ongoing health problems.
A solicitor from our panel can bring this evidence together to build a hospital infection compensation claim based on both the failures in your care and the additional harm those failures caused.
How Long Do I Have To Make A Hospital Infection Claim?
You generally have 3 years to begin a hospital infection claim under the Limitation Act 1980. This limitation period may run from the date the medical negligence occurred or from your date of knowledge, when you first knew or could reasonably have known that negligent care caused your harm.
Different rules apply in some circumstances. If the patient was under 18 when the negligence occurred, the 3-year period does not begin until their 18th birthday, giving them until their 21st birthday to start their own claim. A litigation friend may bring a claim on their behalf before then.
The 3-year limitation period does not run while a person lacks the mental capacity to conduct their own claim. If they later regain capacity, the limitation period will begin from that point. A litigation friend may be able to pursue a claim on their behalf while they lack capacity.
If you are unsure which deadline applies to your potential claim, contact Legal Helpline for a free consultation. Our advisors can connect you with a solicitor from our panel who can assess the relevant dates and advise how much time you may have to begin your claim.
How Legal Helpline Can Support Your Hospital Infection Claim
Legal Helpline can support your hospital infection claim by connecting you with an experienced medical negligence solicitor from our panel if you have valid grounds to pursue compensation.
Experienced legal representation can be particularly valuable in hospital infection claims because the clinical evidence may need to establish both what should have happened during your care and how the infection changed your expected recovery. A solicitor from our panel can use this evidence to build a claim around the consequences attributable to the negligent treatment you received.
Find Out How Legal Helpline Can Help
Legal Helpline can connect you with a medical negligence solicitor from our panel who can manage the hospital infection claims process on your behalf. Their role extends beyond submitting a claim. They can investigate how the infection developed, obtain the appropriate clinical evidence and build a case that reflects the additional harm and financial impact caused by negligent care.
Throughout your claim, they can:
- Investigate how your hospital acquired infection developed by reviewing the circumstances of your treatment, obtaining relevant medical records and identifying where independent expert evidence is needed to assess the standard of care you received.
- Obtain evidence about negligent infection prevention or treatment by arranging for an appropriately qualified independent medical expert to consider whether failures in infection control, diagnosis or medical treatment caused the infection or allowed it to become more serious.
- Establish the additional harm caused by a serious infection using medical evidence to distinguish the effects of your original condition from prolonged illness, sepsis or lasting complications attributable to negligent care.
- Value your hospital infection compensation by considering your pain, suffering and loss of amenity alongside lost earnings, additional treatment, and any future financial losses resulting from lasting complications.
- Present and negotiate your medical negligence compensation claim by setting out the evidence supporting liability and causation, responding to disputes raised by the defendant and negotiating over an appropriate settlement.
- Guide you through the hospital infection claims process by explaining developments, advising you on important decisions and keeping you informed as further medical evidence, responses and settlement offers are received.
Can I Make A Hospital Infection Claim On A No Win No Fee Basis?
Yes, you may be able to make a hospital infection claim on a No Win No Fee basis if your case is accepted by a solicitor from Legal Helpline’s panel.
This can be arranged through a Conditional Fee Agreement (CFA), allowing you to access legal representation without paying an upfront solicitor’s fee or fees for the work covered by the agreement while your claim is ongoing.
If your claim succeeds, a success fee will be deducted from your compensation. The percentage taken as this fee is legally capped and will be agreed with you before the claim begins. If the claim is unsuccessful, you will not pay your solicitor for the work they have done on your claim.
Contact Legal Helpline
If you are concerned that negligent hospital care caused an infection or made your condition worse, speak with Legal Helpline for a free, no-obligation assessment. Our advisors can discuss your circumstances and, if your case appears suitable, connect you with a medical negligence solicitor from our panel who can consider representing you on a No Win No Fee basis.
- Call us on 0333 000 0729
- Contact us online
- Use our live chat
More Information
Read some of our other guides about:
- How to make ophthalmic negligence claims
- What could you claim for gynaecologist negligence?
- Learn how to claim for a stomach ulcer misdiagnosis
Helpful External Resources
- Information on healthcare-associated infections, from the NHS
- Find out how much Statutory Sick Pay you could get, from GOV.UK
- Find a hospital via the Care Quality Commission.
Thank you for reading our hospital infection claims guide.