By Ken Thomas, Partner at Harding Evans Solicitors

Healthcare associated infections seem rarely to be out of the News these days. The most well known is undoubtedly MRSA. Another such bacteria, Clostridium difficule (C.Diff) has also become more prominent of late.

The impression given is sometimes that the NHS in England and here in Wales is facing huge numbers of claims for damages arising from patients acquiring such infections. However, that is to a large extent misleading.

Certainly, the statistics do demonstrate that Hospital acquired infections are a real problem. Of course, the problem is not confined to England and Wales. Health care systems the world over are struggling to cope with these so called ‘superbugs’. The repercussions can be severe in terms of treatment outcome including amputation of limbs. In some cases hospital acquired infections can prove fatal. Various agencies (including the National Audit Office) have suggested that infections contracted in hospital cause thousands of deaths every year. As long ago as 2000 the NAO estimated such infections were costing the NHS as much as £1 billion per annum.

Unfortunately, there are not necessarily any reliable statistics as to the number of claims that are pursued, let alone those which succeed. Certainly, there have been successful claims brought. One that made nationwide headlines was here in South Wales. An 87-year-old pensioner secured damages from Bro Morgannwg Trust when she contracted MRSA as an inpatient at Princess of Wales Hospital, Bridgend. Ironically, Welsh Assembly figures suggest Wales in fact has lower MRSA rates than many other UK regions.

If the NHS had to start paying out compensation to the bulk of patients who have contracted MRSA in particular, the bill would be astronomical. In truth, there are any number of difficulties facing a patient who wishes to bring a claim. For one, it can be hard to demonstrate where the patient picked up the infection. Some patients, unknowingly, carry the bug in question on their skin and may have taken it into Hospital themselves. Many people do realise that these bacteria are widely found in the community also.  

The fact that the patient acquires the infection does not, moreover, necessarily demonstrate neglect. Every Trust nowadays has complex protocols in place for the prevention and eradication of the infections, as well as well publicised infection control teams. It is therefore not necessarily straightforward to demonstrate the patient became infected through a breach of relevant care and hygiene standards the hospital may argue it did all it could to prevent it.

In truth, the number of successful claims arising from MRSA contraction are anecdotally low.In England, since 2000 the NHS Litigation Authority has paid out on no more than a third of MRSA claims presented to it.

In summary, the flood of successful claims arising from MRSA in particular has not yet materialised.  Indeed, those floodgates may never quite open.  In the meantime, the more that hospitals can do to minimise exposure levels the better for us all.