MRSA Superbug...

War hero hit with three Superbugs

A 90 year old war veteran who survived the conflict in Burma during the Second World War has been left wheelchair-bound after picking up three superbug infections during a stay in hospital.

Albert Marriott contracted Clostridium difficile (C.diff), E.coli and MRSA, as well as fracturing his pelvis in a fall from a hospital bed. By the time he was released 20 months later and transferred to a nursing home, Mr Marriott was unable to fend for himself. The two hospitals involved in Mr Marriott's care have both launched investigations into the case.

Despite continuing reports of pro-active measures being taken across the NHS to fight the spread of superbugs, new cases are occurring every week. Official figures released by the Health Protection Agency (HPA) have shown that the incidences of MRSA dropped by a third in the three months from July to September 2008, with 725 reported cases of the hospital superbug, a number that was down 13% on the previous quarter. But instances of C.diff and E.coli continue to grow, and a recent report has indicated that C.diff has developed a new strain that is resistant to antibiotic treatment. Recent tests suggest a new strain has mutated which is more likely to survive treatment with metronidazole, currently the "front line" antibiotic. That leaves only one antibiotic, vancomycin, available to treat the mutated superbug. Doctors are reluctant to increase use of vancomycin because that could increase the risk of the superbug becoming resistant to this last line of defence.

C.diff in particular is associated with poor standards of cleanliness and hygiene in hospitals and is a cause for concern throughout the NHS. Claimants who have contracted MRSA have had some success in bringing compensation claims under the Control of Substances Hazardous to Health Regulations (COSHH) and there is no reason why these regulations should not apply to C.diff cases as well.

If a claimant can prove the hospital has failed to follow its infection control policies and that this has resulted in the claimant contracting C.diff, a hospital may incur liability for any injury caused to you as a result of a hosptial superbug. Although medical negligence claims are often difficult to pursue, the high profile that superbugs have in the press means that cases involving their effects can often receive heightened publicity.

C.diff cases often go further than whether or not a patient contracted the infection as a result of negligence on the part of the Hospital Trust. A negligent delay in diagnosis resulting in a delay in giving you the treatment you needed or how your management after diagnosis was carried out can also play a crucial role. Medical negligence cases require the expert guidance of a solicitor experienced in pursuing such cases. Not only will they have the experience necessary to fight a case for compensation; they will also have access to expert medical witnesses whose testimony may be crucial to the outcome of the case. Solicitors believe that bringing compensation claims for medical negligence in the case of superbug infections is also important to highlight areas within the NHS that may need to be improved to prevent the number of cases rising once again.

All three superbugs are preventable if vigorous and stringent hygiene regimes are adhered to. Solicitors sincerely hope that the number of cases for medical negligence will fall eventually, as this would be a clear indication that the NHS policies are being implemented correctly and the war against superbugs is finally being won.

We deal in a range of claims, including medical negligence and compensation.

Tags: claimant, claimants, compensation claims, e coli, incidences, mrsa, vancomycin