Infected Wound
Compensation Claims

If an infected wound has set you back, we'll help you move forward

An infected wound, resulting from inadequate care of an initial injury or exposure to harmful bacteria, can lead to serious health complications. If you've suffered from a wound infection due to someone else's negligence, such as in a medical setting or an improperly managed injury at work, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

Infections are very common - you are not alone

Infected wounds are relatively common, particularly in healthcare settings or situations leading to improper wound care, often leading to complications if not treated promptly and effectively.

If a wound isn't properly cleaned and covered, bacteria, viruses or fungi could enter the wound leading to infection, and potentially sepsis. It is estimated that there are nearly 250,000 hospital admissions for sepsis in England every year (sepsistrust.org).

For information on infection symptoms and treatment, visit: infections (nhs.uk).

How much compensation can I claim for an infected wound?

The compensation you can claim for an infected wound will depend on:

• the nature and severity of your injury,
• the impact of your injury on your daily life and ability to work,
• any costs or financial impacts you?ve suffered due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your infected wound or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include cleaning the wound, antibiotics, pain medication and dressing the wound.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average infected wound general damages compensation table

The following infected wound payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Facial scarring

Non-facial body scars

Am I eligible for infected wound compensation?

You should be entitled to infected wound compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

Can I make a claim even if I'm partly liable?

Pinpointing liability for an accident will depend on the context, with different legal principles applying to different circumstances.

In our 2024 Personal Injury Claimant Survey, 13.99% of respondents felt they were at least partly responsible for their accident or injuries.

Even if your actions or negligence played a role in the accident, you could still be eligible for compensation. Cases with shared fault (contributory negligence) frequently settle through a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long do I have to claim infected wound compensation?

In most cases, you have up to 3 years from the date of your accident or injury to start a claim.

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.

How does a wound become infected?

If a wound is not treated by thorough cleaning and the appropriate dressing to keep the wound clean, micro-organisms introduced under the skin may multiply and cause infection.

Streptococcus A, a bacterium which occurs naturally on the skin, may be serious if it becomes invasive and is often the cause of abscesses and infected surgical wounds.

When dressings are not changed regularly the wound may not stay clean - and its healing process may not be monitored.

Some infections, such as MRSA, are resistant to antibiotics and may be acquired in hospital, through cross-contamination. This may occur when healthcare professionals neglect to carry out good hygiene practices, by not washing hands between patients or using anti-bacterial gel to minimise the risks.

Diagnosing an infected wound

Determining the type of infection is usually done through swab tests or fine needle aspiration of any fluid in the wound. Laboratory tests will diagnose whether a wound has a bacterial or fungal infection, and which organisms are the cause. This will ensure the patient receives the correct treatment to combat the infection.

Although inflammation around a wound may be a good sign, slowing blood circulation and allowing healing white blood cells to flood the area to fight bacteria, medical staff should recognise the difference between normal inflammation and signs of infection.

These include swelling and pain at the wound site and it may feel hot. Some patients - including the elderly and those with diabetes - may not display obvious symptoms, therefore nursing staff may need to be extra vigilant.

Where the wound infection is deep, X-rays or an ultrasound scan may be needed to detect fluid in the wound and assess any tissue damage. A tissue biopsy may also be needed.

Failure to test for infected wounds and diagnose the micro-organism causing an infected wound may mean the infection spreads to other organs potentially causing sepsis (blood poisoning), which may be life-threatening.

Claiming compensation for an infected wound

It may be possible to claim for compensation if a patient's mismanagement of care has caused a wound to become infected, or an infection to worsen resulting in further pain, suffering or medical complications.

A healthcare professional may be deemed to have been negligent of his patient's care if:

• His misinterpretation of symptoms or inadequate examination caused him to fail to diagnose and treat an infection.
• He did not take action in response to any change in condition that may have resulted from the wound's severity.
• There were medication or documentation errors that led to an infection of either the wound or surrounding tissue.
• There was no treatment plan or documentation in place to ensure adequate wound care
• The wound was not regularly assessed at appropriate intervals to monitor its healing

See also:

Clinical negligence compensation claims

How the cause of your infection impacts the claims process

The process for claiming varies based on how your wound became infected. Click the icons to find out more.

Work accidents Public places Road accidents Medical negligence Other accidents

Sources

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.