Our Health Service is no doubt one of the best in the World, and from cradle to grave it is there providing a comprehensive service in the increasingly complex and varied fields of medicine. The dedication and commitment of our doctors and nurses is unquestionable and perhaps sometimes taken for granted.

Regrettably, as happens in all professional fields, from time to time mistakes are made and accidents occur in treatment which causes patients damage to their health and to suffer consequential losses. Those patients are entitled to claim compensation if negligence has occurred by the Health Service and these claims can be brought through the Civil Courts in England and Wales by specialist lawyers. Claims must be brought within three years of the harm suffered. In order to establish a claim and recover damages it is necessary to prove that the medical care provided had fallen below the accepted standard prevailing at the time of the treatment. Public Funding (Legal Aid) can be applied for to pursue these claims.

MRSA and hospital “super bugs” are often in the news these days. The bacterium causing the disease is staphylococcus aureus. It is common (carried in the nose, or in folds of skin), but if it enters through a wound its effects can be devastating.

It can be treated with antibiotics but this becomes progressively more difficult as the bacterium become more resistant by frequent mutation. The two strongest antibiotics currently are Methicillin and Vancomycin but the bacterium has built a resistance even to these.

Patients in hospitals are vulnerable to these infections as they may be undergoing invasive surgical procedures, including catheterisation. The access to hospitals by members of the public can lead to the importation of the bacteria.

The donor may choose to grant either a Financial LPA or Welfare LPA; or may grant both but to different people.

The Health Service Trusts are under a duty to ensure systems are set up and maintained to minimise the risk of wound contamination in their hospital, but are these policies enforced satisfactorily? Because of the widespread presence of the bacteria, how can a patient who has suffered from MRSA bring a claim for compensation and prove it was caused through negligence? Usually a claimant would have to prove that the negligent act contributed to or caused his injury. If a hospital has breached its duty by failing adequately to control bacterial infection, it may be possible to establish such a material contribution. The hospital may also be liable for failing to diagnose and treat the disease promptly or appropriately which again might lead to a successful claim for compensation.