NHS Facing Lawsuit From 156 MRSA Victims

Cash-strapped NHS hospitals are paying out more than ever in compensation. Last year in Scotland the service paid out almost £10 million as a result of more than 400 legal claims of clinical negligence received annually.

Now The Scotsman can reveal that the NHS is facing a major new threat with legal action from more than 150 victims of the MRSA superbug.

Lawyers in Glasgow are bringing a multi-million pound lawsuit, using health and safety laws, to force hospitals to eradicate the deadly infection.

In the first case of its kind in Scotland, they will claim MRSA is a “substance”, not just an infection, and the hospitals are in breach of COSHH laws – Control of Substances Harmful to Health. The move is likely to have wide-ranging implications for every NHS board in Scotland, with individual damages claims running to £200,000.

The 156 patients and families who are part of the legal case have suffered the consequences of MRSA, which can range from serious tissue infections to amputations and even death.

More than 1,000 cases of MRSA – methicillin resistant Staphylococcus aureus – are diagnosed in Scottish hospitals each year. While rates have now stabilised, they have yet to drop.

Cameron Fyfe, the solicitor acting for the victims, said he was confident the legal challenge would force boards to wipe out MRSA, often blamed on poor hygiene and overuse of antibiotics.

“We are handling 156 cases of MRSA and some of our clients have died from the infection. It’s no longer just a case of medical negligence. We will argue that they’ve breached these regulations by exposing patients to a dangerous substance, just like asbestos.

“This could have huge repercussions for every board in Scotland. They would have to clean up their act as they would find themselves paying up millions in compensation.”

Executive figures show the cost of NHS clinical negligence claims rose to £9.8 million in 2005-6, up from £8.3 million the previous year. Figures also show the number of legal claims alleging clinical negligence is at a four-year high, with 465 actions launched in 2006, from 400 in 2005.

Professor Hugh Pennington, a microbiologist based at Aberdeen University, believes more could have been done to prevent the spread of MRSA infections. He said: “In other European countries, they have taken it more seriously and spent more money on the problem.”

He added: “You can always say the lawyers are cashing in, but they’re not taking on trivial cases. People have died from MRSA … or they’ve lost their livelihood. These people will suffer chronic infections for the rest of their lives.”

A spokeswoman for the Executive said: “Tackling healthcare-associated infections such as MRSA is a priority for the Executive and NHS Scotland.

“While MRSA rates remain stable against a backdrop of rising rates elsewhere in Europe, our objective is to drive rates down by ensuring that infection control measures are embedded into every day practice.

“The Executive has provided £15 million to drive this work forward.”