Hospital-acquired infections (HAIs) remain a significant concern in Ireland, affecting 7.4% of patients in hospitals. The European Centre for Disease Prevention and Control (ECDC) conducted a survey in May 2023 and found that some healthcare facilities report rates nearly three times higher. According to this survey, nearly 44,000 patients are affected by HAIs each year in Ireland. The most common infections include pneumonia (27%), urinary tract infections (15%), and surgical site infections (14%).
At Michael Boylan Litigation, we believe that no one should suffer due to preventable infections contracted in hospitals. If a hospital-acquired infection has caused harm to you or a loved one, you might be eligible for compensation. These infections can lead to prolonged hospital stays, additional medical treatments, and even long-term health complications. Contact us today to start your claim and hold healthcare providers accountable for failing to meet the standards of care that patients deserve.
What Is a Hospital-acquired Infection?
A hospital-acquired infection (HAI), also known as a healthcare-associated infection, is an infection that a patient contracts while receiving treatment in a hospital or healthcare facility. These infections typically occur 48 hours or more after admission and are unrelated to the patient’s original condition. Common examples of HAIs include pneumonia, urinary tract infections, and surgical site infections.
Causes of Hospital-acquired Infections
Hospital-acquired infections can occur due to a variety of factors, including:
- Poor hygiene practices by healthcare workers
- Contaminated medical equipment or surfaces
- Improper sterilisation of surgical tools or instruments
- Overuse or misuse of antibiotics leading to antibiotic-resistant bacteria
- Inadequate infection control protocols
- Cross-contamination between patients
- Insufficient sanitation of hospital environments
Impacts of Hospital-acquired Infections
The impacts of hospital-acquired infections can be severe and include:
- Prolonged hospital stays and delayed recovery times
- Increased medical costs due to additional treatment or surgeries
- Long-term health complications or disability
- Development of antibiotic-resistant infections
- Emotional distress and anxiety for both the patient and their family
- Increased risk of mortality, especially in vulnerable patients
Who Bears the Liability for a Hospital-acquired Infection Claim?
Liability for hospital-acquired infection claims typically falls on:
- Hospitals and healthcare facilities: If they fail to maintain proper hygiene and infection control standards.
- Healthcare professionals: If negligence in care or failure to follow protocols contributed to the infection.
- Medical equipment manufacturers: In cases where faulty or contaminated equipment was a contributing factor to the infection.
Establishing liability depends on proving that the infection resulted from negligence or failure to adhere to proper standards of care.
How to Establish a Hospital Acquired Infection Claim
To establish a successful hospital-acquired infection (HAI) claim, the following elements must be proven:
- Duty of Care: It is necessary to demonstrate that the hospital or healthcare facility owed the patient a duty of care. This is typically straightforward, as healthcare providers are legally required to maintain a safe and sanitary environment for their patients.
- Breach of Duty: The plaintiff must demonstrate that the hospital or healthcare provider breached this duty by failing to adhere to proper hygiene, sterilisation, or infection control standards. This could include improper handwashing, failure to clean medical instruments, or not following infection control protocols.
- Causation: The patient must establish a direct link between the breach of duty and the hospital-acquired infection. This may involve medical expert testimony to show that the infection would not have occurred if proper standards had been followed.
- Harm: Finally, the plaintiff must demonstrate that the infection caused harm, such as prolonged illness, additional medical expenses, or other complications.
The Hospital-acquired Infection Claim Process
At Michael Boylan Litigation, the process of making a hospital-acquired infection claim begins with a thorough assessment of your case. We gather medical records, expert testimony, and evidence to demonstrate the hospital’s failure to maintain proper hygiene or infection control protocols. We focus on building a strong case by proving that their negligence caused the infection and subsequent harm to your health.
Once we have established the key elements of the claim, we proceed with filing the lawsuit and negotiating with the responsible healthcare facility. If a fair settlement cannot be reached, our team is fully prepared to represent you in court to secure the compensation you deserve.
Statute of Limitations
Under the Statute of Limitations 1957, the time for filing a hospital-acquired infection claim is two years from the date of the infection or from the date of knowledge,that is, the point when you became aware, or should have reasonably become aware, that negligence led to the infection.
Exceptions apply in the case of minors, where the two-year period does not begin until they turn 18. In cases of individuals without legal capacity, time will not start to run against them until they regain capacity.
How Much Compensation Can You Expect?
The compensation for hospital-acquired infection claims varies depending on the type of infection, its severity, and its lasting impact on the patient’s health. Compensation ranges for specific hospital-acquired infections are stated in the Personal Injuries Guidelines.
For instance, severe lung infections or conditions such as pneumonia can attract compensation between €100,000 and €175,000 when there is significant pain, breathing difficulties, and long-term impairment. Moderate cases, including chronic infections or prolonged respiratory issues, may result in awards of €60,000 to €120,000.
Meanwhile, severe gastrointestinal issues like food poisoning that lead to long-term complications can result in compensation ranging from €50,000 to €100,000. Moderate cases with ongoing symptoms such as cramps, nausea, and vomiting typically fall between €6,000 and €20,000.
Furthermore, chronic respiratory conditions caused by infections, such as severe asthma or bronchitis, can result in compensation between €60,000 and €120,000. Milder respiratory issues caused by infections may lead to compensation between €12,500 and €30,000.
Factors That Affect Compensation
According to the Personal Injuries Guidelines, factors that affect compensation in hospital-acquired infection claims include:
- The severity of the infection and its long-term impact on physical health.
- Age of the patient and their ability to recover.
- Duration and intensity of medical treatment required.
- Effect on quality of life, including work, daily activities, and relationships.
- Psychological effects, such as anxiety or depression due to prolonged recovery.
- Likelihood of future complications or further medical treatment.
We understand that each case is unique. We meticulously evaluate all pertinent factors and evidence to guarantee the highest possible compensation for the harm resulting from hospital-acquired infections.
Start Your Hospital-acquired Infection Claim
If you or a loved one has suffered from a hospital-acquired infection, you deserve justice and compensation for the harm caused. We’re here to help you pursue your claim with expertise and care. Contact us today to start your hospital-acquired infection claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
