Claim against a hospital for contracting MRSA (or other hospital related infection)
Claim against a hospital for contracting MRSA (or other hospital related infection)

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Claim against a hospital for contracting MRSA (or other hospital related infection)

Produced in partnership with Thea Wilson of 12 Kings Bench Walk

[In the High Court of Justice

OR

In the County Court at [insert]]

Claim No:

Between

  1. A B        Claimants

  1. and

  1. X Y        Defendant(s)

_____________________________________________________________________________

PARTICULARS OF CLAIM

_____________________________________________________________________________

  1. 1

    The Defendant is and was at all relevant times the NHS Trust responsible for the operating of [insert name and address of hospital] (‘the hospital’).

  2. 2

    At about [insert time] on [insert date] the Claimant was admitted to the hospital to undergo an operation to replace her right knee.

  3. 3

    At a pre-operative screening one week earlier, the Claimant had been screened and was found not to be isolated with MRSA.

  4. 4

    At approximately [insert time], the Claimant was admitted to theatre where surgical staff employed by the Defendant, or acting as their agents, operated on the Claimant’s knee. At the conclusion of the surgery, the wound was closed and bandaged.

  5. 5

    Following the surgery, the Claimant’s symptoms initially improved. One week later however, the pain in the Claimant’s right knee increased, she reported feeling generally unwell and dizzy and she was recorded to have developed a raised temperature. [If applicable, insert relevant quote from medical notes supporting this assertion].

  6. 6

    The Defendant, their employees or agents acting in the course of their employment failed to recognise the implications of these symptoms and the Claimant