If you contracted an infection such as MRSA, C. difficile or a surgical site infection during hospital treatment in the UK, you may be able to claim compensation if the infection resulted from a breach of infection control standards or negligent clinical care. Not every hospital-acquired infection is negligent, but failures in hygiene, screening, isolation, equipment sterilisation or wound care can give rise to a valid claim. You normally have three years from the date of knowledge to start proceedings.
Healthcare-associated infections remain a significant patient safety concern in the UK. While NHS trusts have made considerable progress in reducing rates of certain infections, thousands of patients each year still develop infections during or as a result of hospital treatment. When those infections result from a failure to maintain proper infection control standards, patients have a right to seek compensation. This guide explains how hospital infection claims work. We are an independent information service, not a law firm.
Types of hospital-acquired infection
| Infection | How it occurs | Potential severity |
|---|---|---|
| MRSA | Spread via contaminated hands, equipment or surfaces; enters through wounds, IV lines or catheters | Wound infection, bacteraemia, sepsis; can be fatal |
| C. difficile | Often triggered by broad-spectrum antibiotic use; spread through contaminated surfaces | Severe diarrhoea, colitis, toxic megacolon; can be fatal |
| Surgical site infection | Contamination during or after surgery; poor wound care | Wound breakdown, abscess, osteomyelitis; further surgery |
| Catheter-associated UTI | Bacteria entering via indwelling urinary catheter | Usually treatable; can progress to kidney infection or sepsis |
| Bloodstream infection | Contaminated IV lines, central venous catheters | Sepsis, organ failure; potentially fatal |
Infection control duties
NHS trusts must comply with the Health and Social Care Act 2008 Code of Practice on the prevention and control of infections. The Care Quality Commission (CQC) monitors compliance. Key duties include:
- Hand hygiene — staff must follow the WHO five moments for hand hygiene protocol.
- Screening and isolation of patients at risk of carrying MRSA or other resistant organisms.
- Environmental cleaning to defined standards.
- Antimicrobial stewardship — responsible prescribing to reduce C. difficile risk.
- Surgical site infection prevention — NICE guideline NG125 sets out prevention bundles including skin preparation, prophylactic antibiotics and sterile technique.
- Decontamination of instruments to HTM 01-01 standards.
Proving negligence
Hospital infection claims can be complex. You need to establish (1) that the hospital breached its infection control duties, and (2) that the breach caused or materially contributed to your infection (the test from Bailey v Ministry of Defence [2008]). An independent expert — typically a consultant microbiologist or infection control specialist — reviews your records, the trust's policies and any relevant CQC inspection reports. Evidence of documented outbreaks on the ward, CQC findings of poor hygiene, failure to screen before surgery or absence of prophylactic antibiotics can all support a claim.
Compensation
General damages are assessed under the Judicial College Guidelines (17th edition, 2024) for the specific consequences. A minor wound infection requiring antibiotics attracts modest damages. MRSA bloodstream infection causing sepsis, organ damage or prolonged ICU stay results in significantly higher awards. Where infection leads to amputation, permanent organ damage or death, compensation can be very substantial. Special damages cover lost earnings, additional treatment, care and other financial losses.
Time limits
Three years from the date of knowledge (Limitation Act 1980, ss.11 and 14). This may be later than discharge, particularly for delayed-onset infections. For children, three years from age 18. The court has discretion under s.33 to extend time.
Who can claim?
Anyone who contracted a hospital-acquired infection during NHS or private hospital treatment may have a claim, including:
- Surgical patients who developed wound infections.
- Medical patients who contracted C. difficile during a hospital stay.
- Maternity patients who developed post-operative infections after caesarean section.
- Intensive care patients who developed line-related bloodstream infections.
- Long-stay patients particularly vulnerable to catheter-associated infections.
Where a hospital-acquired infection causes or contributes to death, the deceased estate and qualifying dependants can bring claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. See our guide to fatal accident claims.
It is worth noting that the material contribution test for causation is particularly important in infection cases. The exact route of transmission is often difficult to prove. But if the overall standard of infection control was poor — evidenced by CQC inspection findings, outbreak data, or the trust's own infection control audit results — and the patient contracted an infection during their stay, the court may find the breach materially contributed to the infection even without proof of the precise transmission pathway.
Getting help
We are not a law firm. For a clinical negligence solicitor, use the Law Society “Find a Solicitor” service or contact AvMA. Most claims are funded on a no-win-no-fee basis.
Frequently asked questions
Can I claim for an infection I caught in hospital?
You may be able to claim if the infection was caused by a breach of infection control standards. Not every hospital-acquired infection is negligent, but failures in hygiene, screening, isolation, equipment sterilisation or wound care can give rise to a valid claim.
What is MRSA?
MRSA (methicillin-resistant Staphylococcus aureus) is a strain of bacteria resistant to several widely used antibiotics. It can cause serious infections particularly in surgical wounds and in patients with weakened immune systems. MRSA screening and decolonisation protocols are a key part of NHS infection prevention.
What other infections can I claim for?
Common hospital-acquired infections include C. difficile, surgical site infections, catheter-associated urinary tract infections, ventilator-associated pneumonia and bloodstream infections from contaminated intravenous lines.
How do I prove the hospital was negligent?
You need expert evidence showing the hospital breached infection control duties, for example by failing to follow hand hygiene protocols, failing to screen and isolate infected patients, or using contaminated equipment. You must also show the breach caused or materially contributed to your infection.
How long do I have to claim?
Three years from the date you became aware your infection was linked to a failing in your care. This date of knowledge may be some time after discharge. Children have until their 21st birthday.
What compensation could I receive?
Compensation depends on the severity and duration of the infection. A minor wound infection requiring antibiotics attracts lower awards than MRSA bloodstream infection causing sepsis and permanent organ damage. General damages are guided by the Judicial College Guidelines, 17th edition, 2024.
Can I claim if a family member died from a hospital infection?
Yes. If negligent infection control contributed to a death, the deceased estate and qualifying dependants can bring claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.
What are hospital infection control duties?
NHS trusts must comply with the Health and Social Care Act 2008 Code of Practice on infection prevention and control. This covers hand hygiene, environmental cleaning, isolation, antimicrobial stewardship, surgical site infection prevention and staff training. The Care Quality Commission monitors compliance.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: medical negligence claims, sepsis negligence claims, hospital fall claims, pressure sore claims, how compensation works.