Hospital Acquired Infections Compensation

At McCarthy + Co Solicitors LLP, we have built a strong reputation for assisting clients who have sustained long-term health difficulties due to negligent hospital care, including those who have been harmed by Hospital Acquired Infections (HAIs), such as MRSA and C. difficile. The following information has been prepared to help you understand your rights, the legal framework in Ireland, and the practical steps involved in bringing a claim.

A HAI is an infection that develops in a patient during, or shortly after, treatment in a hospital or other healthcare facility, and which was not present or incubating at the time of admission. The European Centre for Disease Prevention and Control estimates that almost 44,000 patients acquire a healthcare-associated infection in Ireland each year. The most recent national Point Prevalence Survey, conducted by the Health Protection Surveillance Centre, found that 7.4 per cent of patients in Irish acute hospitals had an active HAI on the day of the survey, with pneumonia, urinary tract infections, and surgical site infections accounting for the majority of cases.

Common types of HAI include:

• MRSA (Methicillin-resistant Staphylococcus aureus) – a bacterium that is resistant to many commonly used antibiotics.
• C. difficile – a bacterial infection of the gut that often follows antibiotic treatment.
• Surgical site infections – which develop in the area of the body where surgery has taken place.
• Catheter-associated urinary tract infections (CAUTIs) – linked to the use of urinary catheters.
• Ventilator-associated pneumonia – and other respiratory infections.
• Bloodstream infections – including central line-associated bloodstream infections (CLABSIs).
• Carbapenemase-producing Enterobacterales (CPE) – a group of multi-drug-resistant organisms that has been the subject of a national public health response in Ireland since 2017.

Bringing a Hospital Acquired Infection claim in Ireland

To bring a successful claim, it is not enough to show that you contracted an infection in hospital. You must demonstrate that the healthcare provider owed you a duty of care, that there was a breach of that duty, and that the breach directly caused the infection and resulted in identifiable harm. Infections can sometimes occur despite a high standard of care, so each case must be assessed on its own facts.

We are often consulted in relation to the following scenarios:

• Inadequate infection prevention and control – such as poor hand hygiene, improper sterilisation of equipment, or a failure to use protective barriers like gloves, masks, and gowns.
• Improper use or maintenance of medical devices – including catheters, ventilators, intravenous lines, and surgical instruments.
• Failure to isolate infectious patients – allowing cross-contamination or the spread of an outbreak between patients on the same ward.
• Delayed diagnosis or treatment – where signs of infection were not recognised, investigated, or treated promptly, leading to deterioration.
• Poor surgical or post-operative care – including unsterile theatre conditions and inadequate wound management.
• Inappropriate prescribing of antibiotics – contributing to antibiotic-resistant infections, or failure to administer prophylactic antibiotics when indicated.
• Failure to follow national or hospital guidance – including the HSE’s infection prevention and control standards and HIQA’s.

Times limits for Hospital Acquired Infection claims

In Ireland, medical negligence claims, including those arising from a Hospital Acquired Infection, must generally be brought within two years less one day from your “date of knowledge”. This is the date on which you became aware, or ought reasonably to have become aware, that you had suffered a significant injury and that it was caused by the act or omission of a healthcare provider.

This is particularly important in HAI cases, because the link between an infection and a possible breach of duty may not be obvious until medical records have been reviewed and expert advice has been obtained. In some cases, the date of knowledge is later than the date the infection was contracted. Specific rules also apply where the affected person is a child, lacks capacity, or has died as a result of the infection.

Because the rules are technical and missing the deadline can prevent a claim from proceeding, we recommend seeking legal advice as soon as you suspect that negligence may have been involved.

Speak to a solicitor in confidence

If you, or a loved one, have suffered as a result of an infection acquired in a hospital, nursing home, or other healthcare setting, you can speak to a member of our medical negligence team in complete confidence. There is no obligation to proceed, and we are happy to listen, answer your questions, and help you understand whether you may have the basis for a claim. Arrange a time to speak with a solicitor here using our quick online form.