Claimant awarded £110,000 after contracting MRSA
A 78-year-old man was awarded £110,000 after an MRSA infection led to the amputation of his right leg. The claimant, a long-term smoker, was initially thought to be suffering from peripheral arterial disease.
An MR angiogram was performed in September 2005, and after several reviews, it was decided in April 2006 that the claimant needed a right iliac angioplasty and femoro-popliteal bypass. He was admitted to the hospital for the surgery.
Following the surgery, a blister and a pressure wound were noted on the claimant’s right heel. His surgical wound was described as "oozing +++." Despite these issues, he was discharged with plans for a district nurse to manage the dressings. The swabs taken later confirmed MRSA, and the claimant was informed the following day and given antibiotics.
A month later, after the antibiotics were stopped, the claimant was encouraged to walk more. However, he fell at home, fracturing the neck of his right femur. Before undergoing hip replacement surgery, his thigh wound began bleeding heavily, and it was discovered that there was no pulse in the leg. This led to the decision to remove the infected graft, and amputation above the knee became inevitable.
Due to the infection and further complications, the claimant underwent an above-the-knee amputation. He chose not to pursue hip surgery, leaving his femur fracture untreated, which meant he could not use a prosthetic limb.
The claimant brought an action against the hospital, alleging negligence in failing to diagnose and manage the MRSA infection properly. Medical experts argued that an angioplasty should have been performed instead of the bypass graft and that the use of a prosthetic graft contributed to the infection. It was also found that poor hand hygiene likely caused the MRSA infection.
Settlement
The claimant suffered from increased disability and depression due to the injury and its impact on his life. After court proceedings and negotiations, the case was settled out of court for £110,000, with £75,000 of the total compensating for pain, suffering, and loss of amenity.
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Case studies are for informational purposes only and aim to help prospective claimants understand the injury claim process. They are based on cases handled by Quittance panel solicitors or sourced from public court records.
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.