Hospital Infection Claims Scotland

What Is a Hospital-Acquired Infection Claim?

A hospital-acquired infection (HAI) — also called a healthcare-associated infection — is an infection contracted in a hospital or other healthcare setting that was not present when the patient was admitted. Not every HAI gives rise to a negligence claim: hospitals treat patients who are already vulnerable, and some infection risk is unavoidable. However, where the infection resulted from a breach of infection control policies, NICE guidelines or Health Facilities Scotland standards, a medical negligence claim may be available.

Common Hospital Infections and Claims

HAI claims most commonly involve:

• MRSA — meticillin-resistant Staphylococcus aureus — wound infections, bacteraemia
• Clostridioides difficile (C. diff) — often associated with prolonged antibiotic use and inadequate environmental cleaning
• Surgical site infections — following orthopaedic, abdominal or cardiac surgery
• Catheter-associated urinary tract infections (CAUTIs)
• Ventilator-associated pneumonia (VAP)
• Sepsis arising from untreated or inadequately treated hospital infection

Proving Negligence in HAI Claims

The claimant must establish: first, a breach of the standard of infection control required — whether measured against the relevant NICE guidelines, Scottish Government HAI standards, or the hospital's own policies; second, that the breach caused the infection — not merely that an infection occurred alongside the care. Expert evidence from a microbiologist or infection control specialist is almost always required to address both elements.

Healthcare Environment Inspectorate (HEI) Reports

The Healthcare Environment Inspectorate (HEI) inspects Scottish NHS hospitals for compliance with HAI standards. Critical or unsatisfactory inspection findings — particularly contemporaneous reports from the time of the patient's admission — can provide strong corroborating evidence of systemic infection control failures. HEI inspection reports are published and can be obtained by solicitors investigating a claim.

Sepsis and HAI Claims

Sepsis — a life-threatening response to infection — is a leading cause of serious harm and death in NHS hospitals. Where a hospital-acquired infection was not recognised promptly or treated adequately, leading to septic shock or death, a negligence claim may arise both from the infection control failure and from the failure to diagnose and manage the sepsis. Scottish HAI sepsis claims are increasingly recognised as a distinct and serious claim type.

Fatal Hospital Infection Claims

If a hospital-acquired infection caused or contributed to a death, close relatives may bring a fatal accident claim. Under the Damages (Scotland) Act 2011, claims can be brought by the deceased's spouse, civil partner, children and parents for loss of society, financial dependency, and solatium for the deceased's own suffering before death. These claims require sensitive handling and early instruction of solicitors.