Another avenue may open up in the spring. From 6 April 2008 liability could be assessed under the Corporate Manslaughter and Corporate Homicide Act. Senior Managers at hospitals risk prosecution if it is held that they have failed in their supervisory duty.
MRSA & C Diff victims could win the right to compensation following a Court of Session decision that a test case can go ahead.
Lady Clark ruled that pensioner Elizabeth Miller who contracted MRSA after heart surgery will be allowed a full hearing to claim compensation.
Thompsons will be seeking to have the legislation applied to C-Diff cases because they also are a biological agent.
Lady Clark's Opinion : Elizabeth Miller V Greater Glasgow NHS Board
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