MRSA Claims: Clinical Negligence or Workplace Safety Breach?

Many compensation claims for MRSA, dubbed thedone to eradicate this bug.
hospital ‘superbug’, are still being broughtOne would presume that MRSA claims were
to court, even given the government’s claimsgenerally processed in the form of clinical
that hospitals have been cleaned up and cases ofnegligence claims and while this can be the case,
MRSA have been significantly reduced in recentmany people successfully claim compensation for
years. Claim-Easy, the claims managementMRSA as a breach of workplace safety. As it is
company that aims to simplify all compensationdifficult to know the exact time a person
claims, notes that MRSA claims can possibly bebecomes infected with MRSA, it can be hard to
processed as a breach of workplace safety assuccessfully attribute blame to the NHS when
well as a case of clinical negligence.someone contracts the bug in one of its hospitals.
MRSA is a strain of the Staphylococcus aureusEven government MRSA advisers are clear that
bacteria that is resistant to antibiotics. It isthe NHS should be held accountable and believe
particularly harmful to people who are deemed tothat pursuing claims of negligence using legislation
be ‘at risk’, such as hospital patients andmore common to industrial disputes is the way
others with a weakened immune system. MRSAforward. Clinical negligence claims tend to be more
is often contracted in hospital where people aresuccessful when concerned with the treatment a
not only more susceptible to contract it and lesspatient received after contracting MRSA, rather
likely to be able to fight it off, but where uncleanthan with contracting the bug itself. However,
wards and staff can lead to the spread of thethere have been a number of successful
‘superbug’. Statistics for fatalities andcompensation claims using the Control of
illnesses conflict given the pressure on theSubstances Harmful to Health (COSHH) regulation
government to clean up NHS hospitals and stopwhich requires employers to control exposure to
the spread of the bug, but there is little doubthazardous substances to prevent ill health.
across the board that it is still a real problem.Lawyers can argue that MRSA can be defined in
MRSA compensation claims are still beingthis way and as it applies to staff within the
processed, indicating that there is still much to behospital, it should also apply to the patients.