The Telegraph's legal expert, Solicitor Advocate Frank Maguire of Thompsons Solicitors is an expert at winning compensation for clients in personal injury cases. This week he looks at the options available to victims and their families affected by the hospital acquired infection C Diff.
This is in part due to the alarming rise in the number of hospital patients affected in Scotland, as well as high-profile outbreaks such as the C-Diff disaster at the Vale of Leven Hospital earlier this year.
Diseases such as C-Diff can give rise to compensation claims. Anyone affected by Clostridium Difficile has the potential to claim compensation from the Health Authority or Hospital Trust responsible for the provision of medical services at the hospital concerned.
Some patients who have contracted MRSA have had success in bringing 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.
If you can prove the hospital has failed to follow its infection control policies and that this has resulted in you contracting Clostridium Difficile, or that they failed in their treatment, the hospital may incur liability for any injury you suffered as a result.
C-Diff compensation claims could include: pain and suffering; loss of past and future earnings; cost of care and assistance; prescription charges and medical fees; travelling expenses and out of pocket expenses.
Claims for infections such as C-Diff are still relatively new. My firm is seeking a public inquiry to provide answers for families who have lost loved ones due to this tragic and avoidable disease. Separately, compensation claims are beginning to come before the courts.
If you or a loved one has suffered from C Diff, contacting a specialist solicitor could help you achieve financial redress and aid your search for answers.