Infections after Operations in Hospitals

I was told that I might not be able to make a claim for compensation for infection after operation, even though I was not suffering from an infection before surgery. How can this be the case?

Compensation for infection after operation – often called post surgery infection compensation – can be claimed when an infection has been contracted in hospital after surgery, although such claims can be highly complicated and determining whether there has been hospital medical negligence is often difficult.

There is always a risk of infection after a surgical procedure, albeit only a small risk in most cases. Any surgery opens up the body and provides a route in for bacteria, fungi and viruses that otherwise would not have been able to take hold. Although it may appear that this is a clear case of medical negligence, and that an injury has been sustained which would otherwise not been, this does not necessarily mean that a compensation claim for infection after operation will be possible, or if it is, that it will be successful.

Compensation for infection after operation claims are often made based on the hospital in question having failed in its duty of care to a patient for lapses in standards of cleanliness. Many people believe that dangerous bacteria should not be present in sterile environments such as hospital operating theatres or even in wards. However, eradicating bacteria may not actually be possible, especially in areas of a hospital which are open to the public. Proving that an infection originated from the hospital, that it could have been avoided and that there was a lapse in standards of cleanliness is often problematic.

Obtaining proof in a compensation for infection after operation claim will require expert medical opinion to be sought and usually requires the services of a medical negligence solicitor to prepare the strongest possible claim. It will be necessary to prove that ‘on the balance of probabilities’ that the infection was contracted due to negligence of the hospital staff with respect to cleaning, or that an infection was introduced during surgery and that this should have been avoidable.

A compensation claim for infection after operation is more frequently successful when an infection has been contracted and it is not identified quickly, causing a patient’s health to suffer from the delay in diagnosis. Such delays in diagnosis of infection, or delays in treatment for infections, are more likely to result in a successful claim for infection after operation compensation, than claims made on cleanliness standards in a hospital.

Due to the complicated nature of compensation for infection after operation claims, we strongly advise that you speak with a medical negligence solicitor for advice at your earliest possible opportunity. A solicitor will be able to help you to prove that, should you have a viable claim for infection after operation compensation, hospital medical negligence was to blame for the infection being contracted.