Infection Negligence Claims
Infections can be incredibly serious if not treated quickly and effectively, with the potential to result in very negative consequences including tissue damage, organ failure, amputation and even death in the most extreme cases.
If you or a loved one have been harmed as the result of negligent treatment of an infectious disease or due to an infection picked up as the result of medical negligence, claiming compensation is often necessary to rebuild your life.
These claims can be highly complex, however, so expert legal support is essential.
Wolferstans’ medical negligence solicitors have extensive experience with infection negligence claims, having supported clients under even the most difficult circumstances. With a strong track record of securing substantial damages for our clients, we know exactly what is needed to give you the best chance of a fair result.
We understand that many people are put off by the idea of having to go to court to claim compensation, but with the support of our team, this is rarely necessary. Our strong skills in negotiation and non-confrontational dispute resolution mean we can usually settle claims out of court, securing compensation faster and at lower cost.
As part of the investigation into your claim, we will provide a highly accurate estimate of your claim’s value. This should help to give you a good idea of what you can hope to achieve and help you avoid the risk of under-settling your claim.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
Our infection negligence claims service
We support clients throughout England and Wales with all types of compensation claims involving negligent treatment of infectious diseases and infections as a result of medical negligence. This includes claims related to:
- Misdiagnosis or late diagnosis of an infection or infectious disease
- Failure to admit a patient with an infection or infectious disease
- Failure to carry out appropriate diagnostic tests for an infection or infectious disease
- Failure to refer a patient with an infection disease to a specialist
- Hospital-acquired infections, including MRSA
- Post-surgical infections
- Urinary Tract Infections connected to use of a catheter
- Sepsis
How infection negligence claims work
Our clinical negligence solicitors provide empathetic, practical guidance through every stage of making a claim for infection negligence, helping to keep the process as simple and straightforward as possible.
A typical infection negligence claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Funding a compensation claim for infection negligence
The cost of making a claim for infection negligence is an understandable concern, but we are committed to ensuring that nobody with valid grounds for a claim should ever have to worry about how to cover their legal fees and expenses.
For the majority of our clients, we are able to offer a conditional fee agreement to cover the cost of their claim. Commonly referred to as ‘no win, no fee’ this means you do not need to contribute anything towards your legal costs to start a claim and will only need to contribute towards these costs if your claim is successful.
Where we do succeed in securing compensation with a no win, no fee infection negligence claim, our legal fees will be based on a percentage of the damages agreed. This means you will always receive the majority of your compensation.
Alternative funding options include legal expenses insurance, which is frequently offered alongside home insurance policies and with some bank accounts and credit cards.
Our expertise in infection negligence claims
With many years of specific experience handling infection negligence claims, we can ensure your case is built in the strongest way from day one. Having secured substantial compensation for clients dealing with both straightforward and more complex claims, we can ensure no detail is missed and no angle is overlooked.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Common questions about infection negligence claims
How long do you have to claim compensation for negligent treatment of an infection or an infection caused by medical negligence?
With any type of clinical negligence, you will typically have 3 years from the time the negligence occurred to bring a claim. However, if you only find out about the negligence later, the 3-year time limit may sometimes be counted from this point.
There are exceptions to the standard 3-year time limit, however, depending on the circumstances, so it is always worth speaking with one of our specialist medical negligence lawyers, no matter how much time has passed.
Circumstances where an alternative time limit may apply include:
- If the person injured by infection negligence was under 18 – their parents or guardians will have until the child turns 18 to make a claim. The claimant will then have a further 3 years (i.e. until their 21st birthday) to bring a claim of their own.
- If the person affected has been left without the mental capacity to make a claim – there is no time limit for someone else to claim on their behalf.
- If a loved one has died as a result of infection negligence – their dependants/the representatives of their estate will normally have 3 years to bring a claim from the date of death.
How much compensation can you claim for infection negligence?
This will depend on the severity of the injuries sustained, any specific costs incurred or expected to be incurred as a result and the impact on the claimant’s lifestyle.
The compensation you can claim is split into two types of damages:
Special damages – for specific financial losses incurred up to the date of settlement. This may include costs such as paying for private treatment and care support, as well as replacing lost earnings due to having to take time off or give up work.
General damages – for non-financial losses (e.g. pain and suffering, lifestyle changes etc.) plus likely future financial losses, such as paying for ongoing care or being unable to return to work.
How do you prove an infection was caused by medical negligence?
To be able to claim compensation for an infection, you need to be able to show either:
The treatment you received for an infection fell below medically acceptable standards, resulting in damage to your health that could have been avoided with proper care.
Or:
You picked up an infection as a result of substandard treatment, leading to damage to your health that would not otherwise have occurred.
Proving this will usually rely on various types of evidence, including:
- Medical records
- Witness evidence
- Evidence from examination by independent medical experts
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