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By Danielle Graves. Last Updated 11th September 2025. Have you caught a hospital-acquired infection whilst visiting a hospital for treatment, staying in hospital as a patient or working in a hospital? If you believe you contracted the infection because the hospital did not take the proper steps to protect you, you may be able to claim hospital infection compensation for your resulting illness.
If you have been infected with a bacterial infection, or viral infection because of negligence on the part of a hospital, you may be wondering:
- “Can you sue if you get an infection after surgery?”
- “Can I sue the hospital for an MRSA infection?”
- “Can I claim for hospital-acquired pneumonia?”
The answer to all of the above is yes. If it can be proven that the hospital owed you a duty of care and you suffered unnecessarily because of substandard care, you may be able to claim compensation.
If you believe you are owed compensation for a hospital-acquired infection, Legal Helpline can help you. Call us today on 0333 000 0729 for your free hospital negligence claims consultation. We will speak to you in-depth about your ordeal, and if we believe you are owed compensation, we can connect you with an experienced personal injury solicitor. Call now to see if you are entitled to claim, or contact us using our online claims form to get in contact with us.
Jump To A Section
- What Is A Hospital Acquired Infection?
- Causes Of Hospital Acquired Infections
- What Infections Could You Get From A Hospital?
- How Long Do I Have To Claim Compensation For Hospital Acquired Infections?
- Compensation For Hospital Acquired Infections
- Steps To Take If You Contracted An Infection In A Hospital Due To Negligence
- No Win No Fee Claims For Hospital Acquired Infections
- Hospital And Medical Negligence Resources
What Is A Hospital Acquired Infection?
A hospital-acquired infection is a viral infection or a bacterial infection that a patient or hospital employee contracts in a hospital. To count as a hospital-acquired infection, the person will not have already been infected when they arrive at the hospital. Instead, the infection is generally contracted 48 hours after admittance. It’s also possible for a hospital worker to contract an infection during their shift. A hospital-acquired infection is also referred to by its medical name, a nosocomial infection.
Hospitals have a duty of care towards their staff and patients. This means that the hospital administration must ensure the hospital environment is a safe and hygienic one for patients, staff, and other individuals who use the site.
Medical staff such as doctors, nurses and anaesthetists also owe patients a duty of care. If a hospital employee or patient is made ill because of negligent actions or inactions on the part of the hospital administration or a hospital worker, this would be classed as medical negligence (also known as clinical negligence, or medical malpractice). As a result, the NHS Trust or private healthcare provider which runs the hospital could be held liable for the person’s illness.
Causes Of Hospital Acquired Infections
Bacteria are everywhere, and many bacteria that cause hospital superbugs can be found on the skin of healthy people. In most circumstances bacterias are non-threatening. Bacterial infections may often be spread by skin-to-skin contact. There are many reasons why infections are more likely to spread in a hospital environment:
- A patient’s skin may be pierced by a needle or catheter, or they may suffer from an open wound or sores. These can be an entry point for the bacteria.
- Hospitals are busy places with numerous patients, staff and visitors, making them a breeding ground for bacteria.
- Hospitals look after patients who are already ill and might be suffering from a weakened immune system.
What Infections Could You Get From A Hospital?
There are various illnesses you could potentially acquire during a hospital stay. A few examples of common hospital acquired infections include:
- Methicillin-resistant Staphylococcus aureus, or MRSA. According to the NHS, most people who carry MRSA on their skin do not have any symptoms. Hand washing could help prevent the spread of MRSA. Additionally, it is possible to screen patients attending scheduled surgeries and provide the correct treatment for those who test positive.
- Escherichia coli or E. coli. In addition to physical pain, infection with E. coli may cause bowel problems, including diarrhoea and stomach cramps. E. coli may also lead to urinary tract infections (UTI) and bacteremia. To help prevent the spread of E. coli, good hygiene standards are required, including hand washing and ensuring that equipment is disinfected.
- Clostridium difficile or C-Diff. This is a type of bacteria that can cause those affected to experience diarrhoea. Other symptoms include feeling sick, stomach ache, appetite loss and a high temperature. Risk factors include taking antibiotics (or recent use), a long hospital stay and a weakened immune system. To help prevent hospital acquired infections, staff members should wash their hands and take other hygiene precautions.
In serious cases, hospital infections may be life-threatening or even result in premature death. Vulnerable patients include those with weakened immune systems, those with underlying health conditions and premature babies. However, a healthy person can still be vulnerable to hospital infections. An example could be if you had a needlestick or syringe injury during your hospital stay.
Contact our advisory team to discuss an infection you acquired in a hospital setting to see whether you could be eligible to make a medical negligence claim. They can also help answer any questions you may have about the hospital acquired infection claims process.
How Long Do I Have To Claim Compensation For Hospital Acquired Infections?
In addition to meeting the claiming criteria for medical negligence, you must also start legal proceedings within the time limits set by the Limitation Act 1980. This is typically 3 years from the date you were harmed. Alternatively, this could be three years from the date of knowledge. This is the date that you first connected the infection with hospital negligence.
However, in certain claims for compensation for hospital acquired infections, there are time-limit exceptions. These include:
- Those who lack the mental capacity to start a claim for themselves. For these parties, there is an indefinite suspension of the limitation period. During this time, a litigation friend could act on the claimant’s behalf. However, if they make a full recovery, they will have 3 years from the date of recovery to start a claim if one was not already made on their behalf.
- Those under the age of 18. For these parties, there is a pause in the limitation period lasting until their 18th birthday. Prior to this date, a litigation friend can file a claim for them. Once they reach their 18th birthday, they will have 3 years from that date to begin their claim if a litigation friend did not act on their behalf.
If your infection was contracted in a hospital, you might be entitled to compensation. Please get in touch with one of the advisors on our team. They can check your eligibility to claim, including assessing whether you are within the limitation period.
Compensation For Hospital Acquired Infections
If you make a successful hospital claim, your compensation could consist of two parts. These are general and special damages.
General damages compensate for the harm you have endured due to a medical professional breaching their duty of care. When assigning value to this part of your hospital acquired infection claim, legal professionals may refer to a document titled the Judicial College Guidelines (JCG). It lists guideline compensation brackets for various types of harm.
In our table below, we listed a few figures from the JCG’s 16th edition. We’ve also included the top row, which isn’t taken from the JCG. This is to help illustrate how compensation could be awarded in a successful claim that includes more than one illness or injury plus expenses. As every claim is different, the table is only provided for guidance.
| Harm | Notes | Compensation |
|---|---|---|
| Multiple Severe Forms of Harm + Financial Loss | More than 1 form of severe harm, as well as incurred expenses, such as nursing care and lost wages. | Up to £500,000+ |
| Kidney (a) | Damage to the kidneys which is this significant could lead either permanent injury or even loss of both kidneys. | £206,730 to £256,780 |
| Kidney (b) | Less serious than the above category, however there is the possibility of serious problems with the kidney(s) in the future. | Up to £78,080 |
| Kidney (c) | One kidney has been lost, though the other is functioning. | £37,550 to £54,760 |
| Bowel (a) | At this level, the claimant may have double incontinence involving loss of bowel and urinary control. | Up to £224,790 |
| Bowel (b) | The claimant has lost bowel control and requires the use of a colostomy. | Up to £183,190 |
| Bowel (c) | Symptoms include faecal urgency and passive incontinence even after surgery or treatment. This could lead to embarrassment and distress. | In the Region of £97,530 |
| Bowel (d) | Such bowel injuries could impair function and will require a colostomy on a temporary basis. | £54,420 to £85,100 |
| Non-Traumatic Harm To The Digestive System (i) | This could include a severe illness which could lead to symptoms such as vomiting, diarrhoea, fever and pain. Symptoms will be serious and acute. | £46,900 to £64,070 |
| Non-Traumatic Harm To The Digestive System (ii) | This level of illness or injury is serious and acute, but shorter lasting. The symptoms could be similar to those listed above. | £11,640 to £23,430 |
Can Hospital Infection Compensation Include My Financial Losses?
Yes, hospital infection compensation can include your financial losses if you incurred costs due to the avoidable harm you suffered. This financial impact is covered by special damages, which can consider out-of-pocket expenses like counselling sessions, if you developed PTSD because of your experience.
Other losses that can feature in a hospital acquired infection claim include:
- Loss of earnings, encompassing future income, missed promotions, and any impact on workplace benefits
- Medical expenses, such as private medical treatments and prescriptions
- Travel expenses, like the cost of fuel or public transport to attend medical appointments
- Care costs, such as extra support to look after your children or elderly relatives
- Home modifications to accommodate any disabilities, such as chairlifts, hoists and ramps.
It’s essential that you provide evidence to include any losses in your claim. Therefore, be sure to keep hold of documentation like receipts, bank statements, and payslips.
To discuss the financial impact of your hospital acquired infection experience, please feel free to reach out to one of our friendly advisors today.
Steps To Take If You Contracted An Infection In A Hospital Due To Negligence
Can you claim for contracting coronavirus, or can you claim for contracting MRSA? If you have evidence that you contracted a hospital-acquired infection because of hospital negligence, you may be able to claim compensation. You can do the following to gather evidence to support your claim.
- Take photographs of or film health and safety hazards that may have caused your infection. For example, medical staff not being provided with the correct PPE or engaging in the correct handwashing procedures.
- Take photographs of any physical signs of your infection.
- Document your pain and suffering by writing a journal, for instance, if you’re able. This can be used as evidence in a subsequent claim.
- Speak to eyewitnesses who may be able to make a statement on your behalf and make a note of their names and contact details.
No Win, No Fee Claims For Hospital Acquired Infections
At Legal Helpline, we wish to support you in your stressful time and help you restore normality whilst achieving justice. This is why all of the solicitors on our panel will give you the option of entering into a No Win, No Fee agreement, also known as a Conditional Fee Agreement (CFA). Under a CFA, you will not be required to pay any service fees upfront or during the claim, nor any if you lose.
If your case does win, your solicitor will take a success fee. This would be deducted as a legally capped percentage of the compensation.
Contact Legal Helpline About Your Claim
Have you experienced MRSA, sepsis, pneumonia, bedsores, cellulitis, a urinary tract infection, a surgical site infection or any other type of bacterial infection or viral infection, due to medical negligence? Then you could be entitled to claim compensation. Contact Legal Helpline today to begin your claim. Call us on 0333 000 0729 or use our online claims form to get in touch.
Hospital And Medical Negligence Resources
- How Much Compensation Can I Claim For Hospital Resulting In Death – How to claim compensation for deaths caused by hospital care.
- How Much Compensation Can I Claim For Pressure Sores – How to make a claim for a pressure sore.
- Emergency Services Vehicle Accidents Claims – Claims for accidents involving emergency services vehicles.
Thank you for reading our guide to hospital acquired infection claims.
Guide by HE
Edited by REG
