Last Updated 10th March 2026. Hospital infection claims are a type of clinical negligence case that can be made against public or private hospitals if you acquire an infection due to substandard care, which may be the result of overstaffing, poor hygiene practices or inadequate sterilisation. Anyone is able to pursue compensation for hospital acquired infections if it can be proven that a healthcare professional’s failure to provide the correct standard of care led to the development of an infection, resulting in avoidable harm.
Oftentimes, hospital acquired infections can mean longer hospital stays, long-term health complications or even the development of antibiotic resistance. This can lead to emotional distress, which is usually worsened by a disrupted routine and being unable to work or carry out your daily duties. This is where hospital infection claims could help you get back on your feet after the negligent treatment.
With around 300,000 people a year in England acquiring a healthcare associated infection following poor NHS treatment, this can be a common occurrence. This could mean that you may be giving thought to how you could seek hospital infection compensation. With our specialist solicitors, you could be compensated for the physical harm, psychological distress and any financial losses caused by your hospital infection. Get in touch with our advisory team for a free case consultation today.
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- How do hospital infections usually occur? Hospital infections usually occur through medication errors, surgical negligence and poor hygiene.
- What harm can hospital-acquired infections cause? They can lead to sepsis, worsen existing conditions, and leave patients with long-term damage to organs or their nervous system.
- How can hospital-acquired infections be prevented? Medical staff can prevent hospital-acquired infections by washing hands between patients, disposing of needles immediately, and sterilising surgical instruments.
- Can I sue the hospital for an infection as a private patient? Yes, as private hospitals have the same responsibility as public healthcare providers to deliver the correct standard of care to patients.
- Does compensation for hospital-acquired infections include privately funded medical treatment? Compensation can cover the cost of private medical treatments if they are directly related to the avoidable harm you suffered and can be proven with evidence.
Can You Sue A Hospital For An Infection?
You could sue a hospital for an infection if we can prove that you acquired this infection following substandard care. In order to demonstrate this, your case must satisfy the following criteria to be eligible for hospital infection compensation:
You Were Owed A Duty Of Care
In line with their professional standards, all medical professionals owe their patients a legal responsibility to provide treatment and care that meets the correct standard expected of them. To uphold this, doctors, nurses and any other relevant healthcare professionals must implement rigorous infection prevention and control policies, ensure that wards are regularly disinfected and adequately monitor their patients.
A Healthcare Professional Breached Their Duty
We must then show that the hospital or healthcare professional failed to uphold their duty of care, and provided treatment that falls below the standard expected of them.
In hospital infection claims, this could arise if your nurse fails to adhere to cleanliness standards, fails to properly dress or clean a surgical wound, fails to screen for infections or neglects to monitor your condition.
You Acquired An Infection Following The Breach
The final element we must prove is that the hospital’s breach of duty resulted in you developing a hospital acquired infection. This creates a legal link between their breach of duty, and your illness or infection.
Moreover, you’d be eligible to pursue compensation for any physical or psychological harm caused by the negligent treatment. Whether this be an infection that is minor with no permanent damage, or something more serious. Provided that your condition is medically recognised, you could seek compensation for hospital acquired infections and any other harm caused.
It’s important here to remember that not all instances of hospital associated infections are the result of negligent treatment. If a healthcare provider can show that they acted in accordance with professional standards and the accepted hygiene procedures, you mightn’t have grounds to make a claim.
Get in touch with our advisors today to learn more about hospital acquired infection claims and whether or not your case has merit. They can give you a free case consultation where they will listen and assess the facts of your case, and provide you with clear options.
How Long Do I Have To Sue A Hospital
If you would like to seek compensation, you will need to initiate proceedings within the limitation period for medical negligence claims. This is set out by the Limitation Act 1980 as typically three years from the date of the incident or from the date you connect the harm you suffered with negligence. This is known as the date of knowledge.
Additionally, there are time limit exceptions for certain claimants. These include:
- Those without the mental capacity to bring forward their own claim have an indefinite suspension applied to the limitation period. During this time, a court-appointed litigation friend can sue a hospital on their behalf. However, if the claimant regains the appropriate capacity, the time limit will be reinstated on the date of their recovery if a claim has not already been made for them.
- The time limit does not begin until the claimant turns 18. Because of this, if you are injured while a minor, the time limit is frozen until your 18th birthday. A litigation friend can claim on your behalf during this time, or you can start your own claim between your 18th and 21st birthdays.
If you have any questions about eligibility and limitation periods for hospital negligence claims, speak with one of the advisors from our team.
The Most Common Types Of Hospital Infections You Could Claim For
If you would like to sue a hospital for an infection you acquired, you will need to prove that a breach in the duty of care owed to you caused your unnecessary suffering. For example, if bad hygiene practices were linked to your infection, you will need to prove this to make a medical negligence claim.
Types Of Hospital Acquired Infections:
- Clostridium difficile (C. diff). C. difficile is a bacterial infection that can cause diarrhoea, fever, loss of appetite and a stomachache. It spreads when the infected party’s faeces gets onto surfaces.
- Staph Infection. These are caused by Staphylococcus bacteria. This could be spread through close skin contact, sharing towels and droplets, such as from coughs.
- MRSA. Methicillin-resistant Staphylococcus aureus (MRSA). This is a type of bacteria that is resistant to widely used antibiotics. Around 1 in 30 people carry it on their skin. Methicillin-resistant Staphylococcus aureus may become a risk to patients staying in the hospital due to a way for bacteria to enter the body, such as an open wound or catheter. You might be screened for MRSA before entering a hospital and given treatment if you are carrying it to help avoid infection.
- Cellulitis. This is a skin infection usually caused by bacteria entering a break in the skin. Risk factors include having a weakened immune system, having lymphoedema, previous cellulitis or an open surgical wound.
- Sepsis. This is a life-threatening reaction to an infection. It is caused by your immune system overreacting and can result in tissue and organ damage. Sepsis can result from surgical site infections and most other healthcare-associated infections.
These are just a few examples of hospital-acquired infections. Other types, such as urinary tract infections, respiratory tract infections, and other common hospital-acquired infections, can also be caused by medical negligence.
How Much Compensation Could I Receive For A Hospital-Acquired Infection?
So, how much hospital infection compensation could you receive if you make a successful claim? This can be a difficult question to answer, because all claims are different, which means all payouts are, too.
If you make a successful medical negligence claim, you will receive general damages. This head of compensation addresses the pain and suffering you go through as a result of the harm you have suffered, both physically and psychologically.
General damages also cover loss of amenity. This means loss of enjoyment. For example, an infection like meningitis can result in the amputation of your leg. In this case, you may be unable to enjoy previous hobbies, like playing rugby or dancing.
When solicitors value this head of your claim, they may reference the Judicial College Guidelines (JCG). This document can be very helpful because it contains guideline compensation brackets that correspond to a list of different forms of harm.
You can take a look at some of these in the section below. However, please be advised that these are only guidelines, and the first entry in this list isn’t from the JCG.
Compensation Estimates For Hospital Infection Claims
- Multiple serious injuries plus special damages could result in up to £1,000,000+
- Very Severe Brain Damage resulting in little to no language function could result in £344,150 to £493,000
- Moderately Severe Brain Damage causing a significant disability could result in £267,340 to £344,150
- Moderate Brain Damage (i) causing a moderate to severe intellectual deficit could result in £183,190 to £267,340
- Serious loss or damage of both kidneys could result in £206,730 to £256,780
- Total loss of natural kidney function could result in up to £78,080
- Loss of one kidney with no damage to the other could result in £37,550 to £54,760
- Female Reproductive Injuries resulting in infertility caused by disease could result in £140,210 to £207,260
- Loss of spleen could result in £25,380 to £32,090
- Spleen Injuries causing little to no infection risk could result in £5,310 to £10,550
You may also be due special damages. This head of claim isn’t awarded to every claimant, as it covers the financial losses you’ve endured because of the harm you went through. For example, following a hospital-acquired infection, you may be unable to continue in your previous job. If this caused you to lose out on earnings, then these could potentially be recouped under special damages. This includes both past and future lost earnings, for example, if you are no longer able to work.
Special damages can also help you cover the cost of:
- Private medical treatment
- Childcare
- Prosthetics
- Cosmetic aids
- Housekeeping
- Travel
- Rehabilitation
- Home adjustments
To learn more about compensation in hospital infection claims, contact our team of advisors today. Or, keep reading for more information.
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When Can Hospital Infection Claims Be Made?
Hospital infection claims can be made when the hospital fails to provide the correct standard of care and this results in a patient, or multiple patients, contracting an infection. A few examples of how this could occur have been set out below:
- Poor hygiene practices on the ward, including failing to clean properly, regularly changing bed linens and not washing hands, can result in patients being infected.
- Using unsterilised tools during surgical procedures.
- Failure to provide adequate post-surgical care can result in the wounds becoming infected.
- Not moving immobile patients regularly can lead to them developing pressure sores and subsequent infections.
- Using inadequate, damaged, or unsuitable PPE can lead to the transmission of respiratory infections.
As you can see, hospital-acquired infection claims can be made in a variety of different circumstances. The medical professionals in hospitals not only have a duty to provide the correct standard of care not just for medical procedures, but also for the aftercare, as well as maintaining a hygienic environment. If your specific circumstances were not given above, then do not worry, you very much could still be eligible to claim.
For a free consultation on your potential claim’s validity, contact our advisory team today using the details provided below.
What Evidence Do I Need For Hospital Infection Claims
One of the most important parts of making a hospital-acquired infection claim is collecting evidence. This is because you are responsible for proving that you were owed a duty of care, and that the harm you suffered was caused by a breach of this duty.
Some examples of evidence that you could use to support a claim for a hospital-acquired infection include:
- Medical records: Your medical records can detail the severity of the infection, as well as the treatment you received as a result and the treatment leading up to the infection.
- Witness statements: The contact details of anyone who witnessed negligent actions, such as a chaperone or family member, can be used by a professional to take their statements at a later date.
- Hospital charts: Your chart details your health and the treatment you received while in the hospital. This can help show when you became unwell, and how it could have happened.
- Symptoms diary: Keeping a symptoms diary can help demonstrate the severity of the infection you suffered, and how it has affected and continues to affect you.
If you choose to work with a medical negligence solicitor on your claim, they could help you gather the evidence you need to support your hospital-acquired infection claim. Contact our team of advisors today to find out how our medical negligence solicitors could help you, or read on to learn more about making a medical negligence claim.
No Win No Fee Hospital Infection Claims
If you have valid grounds to claim for hospital negligence, then we could potentially help by connecting you with one of our No Win No Fee solicitors. Our solicitors can support medical negligence claims under a Conditional Fee Agreement (CFA).
One of the benefits of CFAs is that you won’t pay your solicitor for their services either upfront or while your claim is being processed. You also don’t need to pay your solicitor if your claim is unsuccessful.
If your claim wins, then your solicitor will take a capped percentage of the compensation awarded to you as a success fee. The legal cap helps to make sure the most of your compensation stays with you.
Contact Our Team
Get in touch with our advisors for free today for more advice on how to sue a hospital with a No Win No Fee solicitor. If your claim is valid, one of our helpful advisors could connect you with one of our solicitors.
To contact us, you can:
- Call 0800 073 8804
- Fill in our online contact us form.
- Message us using our 24/7 live chat service.
Thanks for reading our hospital infection claims guide. Furthermore, to learn more about hospital-acquired infection claims, please contact our team for free legal advice.
Frequently Asked Questions About Hospital Infection Claims
Below, we discuss some of the most common questions about hospital acquired infection claims:
Who Is Responsible For Hospital Infections?
Responsibility for hospital infections is shared between NHS management and individual clinicians. Additionally, under the Health and Social Care Act 2008, all registered medical practices or healthcare providers must legally have procedures in place to prevent and control the spread of infections including any GP practices, clinics or hospitals, whether public or private.
What Should A Hospital Do To Prevent Infections?
To prevent infections, hospitals must implement transmission-based precautions, ensure strict hand hygiene procedures, make sure that wards are regularly sanitised adequately and monitor and restrict the use of antibiotics to reduce the acquiring of antibiotic-resistant infections.
Can Children Claim Compensation For Hospital Acquired-Infections?
Children themselves are unable to make hospital infection claims as a minor cannot claim independently until they turn 18. However, a litigation friend can be used in these cases, which is typically a trusted adult or family member. This is a position whereby the trusted adult can pursue compensation for hospital acquired infections on the child’s behalf.
If a claim isn’t made on the child’s behalf, they would be able to bring their own claim once they turned 18.
How Long Do Hospital Infection Claims Take?
Hospital infection claims can take anywhere from a few months to years to settle. Simple, straightforward cases with admission of liability can settle roughly between 12 – 18 months, however in complex cases where liability may be disputed, claims can take longer to complete.
Further Resources
Some further resources:
- Get advice on claiming for a tummy tuck gone wrong.
- Find out how to claim for rhinoplasty negligence.
- Learn more about claiming for brain cancer misdiagnosis.
