MRSA Recent Developments

MRSA Compensation Claims

There have been major positive legal developments for MRSA sufferers in 2008.

Elizabeth Miller, 71 from Kilsyth, was found to have the bug MRSA in 2001 when she was recovering from a heart operation at Glasgow Royal Infirmary. It is believed that the hospital failed to properly implement a hand hygiene policy.

Patients have previously sued hospitals for failing to treat the superbug, but there have been no cases brought against the health service for giving patients MRSA.

Lady Clark ruled that the Control of Substances Hazardous to Health 1999 regulations not only apply to employees in the Health Service but also to patients. This means that the Health Service will have to show that they took all the steps in terms of the regulations to protect patients in so far as reasonably practicable to prevent and control the biological agent in question. The regulations go far beyond the duty of reasonable care and common law of the NHS.

Lady Clark's Opinion : Elizabeth Miller V Greater Glasgow NHS Board

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