If you or a loved one has been affected by Clostridium Difficile Infection you may be entitled to claim compensation from the Health Authority or Hospital Trust responsible for the provision of medical services at the hospital concerned.
There is no direct precedent to C-Diff cases. However there is a strong argument that the precedent comes from MRSA cases.
Claimants who have contracted MRSA have had some success in bringing claims under the Control of Substances Hazardous to Health Regulations [COSHH] and there is not reason why these Regulations should not apply to C-diff cases. What must be established is that if a hospital has failed to follow its infection control policies and that this has resulted in a patient contracting C-diff then there will be liability for any injury caused to the patient as a result.
There may also be a claim against the Hospital due to something such as a negligent delay in diagnosing that a patient has been infected or a delay in giving the patient the treatment which they need and to which they are entitled. There may also be issues about a patient's care after diagnosis, e.g. were they given the right antibiotics and the correct treatment?
Lady Clark has now ruled that the Control of Substances Hazardous to Health 1999 regulations not only apply to employees in the Health Service but also to patients. See recent legal developments surrounding C Diff.
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