Compensation Claim for Post Surgery Infection
Is it difficult to make a compensation claim for post surgery infection if I wasn’t screened for MRSA before I had my surgery and it was found that I contracted it afterwards?
With a compensation claim for post surgery infection, it can be difficult to establish negligence and the fact that you were not screened for MRSA beforehand will make it all the more difficult. Although it may seem like merely having just contracted MRSA is a clear demonstration of negligence, there will need to be more evidence gathered to prove that it was due to a lack of care on the hospital’s part when it came to the hygiene and cleanliness of those performing the surgery or the areas of the hospital that you were exposed to. You are more likely to have a strong post surgery infection claim if you are making it on the grounds that there was a delay in treatment or an error in diagnosis (which can often lead to blood poisoning or septic shock), rather than claiming for the infection itself being contracted.
The only one who will be able to inform you of how difficult it may be to make a compensation claim for post infection surgery is a personal injury claims solicitor with experience in dealing with claims for infection after surgery compensation. It is advisable that you contact one as soon as possible to discuss the circumstances in which you contracted the infection and its severity. They will be able to determine the likelihood of establishing the hospital’s negligence and whether or not your potential claim has a considerable chance of success. If it they think that your claim is sufficiently strong then they may offer to represent you in your post-surgery infection claim.
The value of your infection after surgery compensation claim will be dependent on a number of factors. Your age, sex, general state of health prior to infection and the subsequent impact it has had on your life will be taken into consideration. The solicitors involved in calculating it will also examine the extent of the pain and suffering you experienced due to the infection and if you had to stay in hospital longer than initially planned to the contraction of MRSA. Also be sure to maintain a diary and record any instances of where you have felt anxiety or emotional trauma if it has caused you to suffer and psychological injury.
Like other medical negligence claims, in accordance with the UK Statute of Limitations you will have three years to pursue a post surgery infection claim. The Statute of Limitations was established as part of the Limitations Act 1980 so that potential claimants would make a claim while evidence was still recent and that the negligent parties would not have to live in continual fear of having a claim initiated against them. While this may seem like more than enough time to make a claim, you should still try to consult with a solicitor as soon as you can. There are often unforeseen delays with regards to gathering sufficient evidence and negotiating claim values, so it would be wise to begin the process for your compensation claim for post surgery infection at the first possible moment.