You can claim compensation for a hospital acquired infection (HAI) when poor infection control — not the infection itself — caused you avoidable harm. The key is proving negligence: that the hospital fell below the accepted standard of hygiene, screening, or treatment, and that this breach caused your illness. Catching an infection in hospital is not automatically negligent, because some infections occur even with faultless care; the claim succeeds only where a reasonable hospital would have prevented or treated it sooner. The standard three-year time limit under the Limitation Act 1980 applies, and NHS claims are handled by NHS Resolution.
A hospital acquired infection — also called a healthcare associated infection — is an infection that a patient did not have on admission but develops as a result of care. These range from MRSA and Clostridioides difficile (C. diff) to surgical site infections, urinary catheter infections, and pneumonia, any of which can escalate into sepsis. This guide explains when an HAI becomes a negligence claim, how compensation is assessed, and the steps involved.
What counts as a hospital acquired infection claim?
A hospital acquired infection claim is a form of clinical negligence brought when substandard care allowed an infection to take hold or go untreated. It must satisfy the four legal tests of any negligence claim: duty of care, breach of that duty, causation, and damage. The infection alone is never enough — there must be a proven failing in how the hospital prevented, detected, or responded to it.
The duty of care is owed automatically once you are admitted as a patient. The harder questions are breach and causation: did the hospital do something a competent provider would not have done, and did that specifically cause your injury? In our experience across the case files we review, causation is the single biggest battleground in HAI claims, because defendants argue the infection could have occurred even with perfect care.
Common breaches that support a claim include:
- Poor hand hygiene or failure to follow isolation and barrier-nursing protocols
- Failure to screen or decolonise high-risk patients for MRSA before surgery
- Dirty wards, contaminated equipment, or reused single-use items
- Failure to spot the early signs of infection or sepsis and act on them
- Delays in starting antibiotics once infection was suspected
Can you sue the NHS for catching an infection in hospital?
Yes — you can bring a claim against an NHS trust if negligent infection control caused you harm, but you must prove fault rather than simply that you became unwell. The claim is administered by NHS Resolution, the body that handles clinical negligence matters on behalf of NHS organisations in England. Most claims settle through negotiation rather than a courtroom, with admissions of liability resolving many before trial.
Private hospitals can be pursued in the same way, with their insurers or the treating clinician’s indemnity provider defending the claim. The legal test is identical regardless of setting: the Bolam/Bolitho standard asks whether a responsible body of competent practitioners would have acted as the hospital did. In our case files, the strongest claims pair a documented hygiene or screening failure with clear evidence of an avoidable consequence, such as a delayed sepsis diagnosis recorded in the notes.
What is the difference between MRSA, C. diff and sepsis claims?
They differ by the type of infection and the negligence that allows it to harm you, though all three can arise from the same underlying failings in care. MRSA is an antibiotic-resistant bacterium often linked to unscreened surgical patients and poor wound care; C. diff is frequently associated with the over-prescribing of broad-spectrum antibiotics; and sepsis is the body’s life-threatening overreaction to any infection. Sepsis is the most time-critical of the three, because survival falls sharply for every hour that treatment is delayed.
| Infection | Common negligence trigger | Typical avoidable harm |
|---|---|---|
| MRSA | No pre-surgical screening; poor wound care | Wound breakdown, further surgery, organ damage |
| C. diff | Over-prescribing of antibiotics; slow isolation | Severe bowel damage, dehydration, death |
| Sepsis | Missed red flags; delayed antibiotics | Amputation, organ failure, death |
Because sepsis can follow any HAI, a single claim often combines more than one of these threads — for example, an unscreened MRSA infection that progressed to sepsis because the warning signs were not acted upon. A surgical site infection that turns septic is a frequent pattern in the matters we assess.
How much compensation can you get for a hospital infection claim?
Compensation depends entirely on the harm the infection caused, not on the infection’s name, so awards range from modest sums for a treated illness to substantial figures where there is permanent damage or death. Damages are split into general damages (for pain, suffering and loss of amenity) and special damages (for financial losses such as lost earnings, care, and further treatment). General damages are assessed against the Judicial College Guidelines, now in their 18th edition published on 9 April 2026, which raised bracket figures by roughly 8.26% to reflect inflation.
There is no single “infection” bracket in the Guidelines — the award follows the resulting injury, such as bowel damage, amputation, or psychiatric harm. The indicative general-damages ranges below are illustrative only and must be confirmed against the current 18th-edition brackets for the specific injury before any figure is quoted to a client:
| Outcome of infection | Indicative general-damages range | Note |
|---|---|---|
| Short-lived infection, full recovery | A few thousand pounds | |
| Serious but recovered illness, lasting effects | Tens of thousands | |
| Severe bowel/organ damage or amputation | Six figures | |
| Fatal infection (dependency + statutory awards) | Varies; see below | Statutory bereavement award is fixed |
Where an infection is fatal, the bereaved may recover a dependency claim plus the statutory bereavement award of £15,120, the fixed sum under section 1A of the Fatal Accidents Act 1976 for deaths on or after 1 May 2020 in England and Wales. Funeral expenses are also recoverable. You can explore broad estimates with our compensation calculator, but every figure should be checked by a solicitor against your medical evidence.
How do you prove a hospital was negligent?
You prove negligence with medical records and independent expert evidence showing the hospital fell below the accepted standard and that this caused your harm. The medical notes, infection-control audits, microbiology results, and observation charts are the backbone of the case. Independent expert opinion is what turns a bad outcome into a provable breach, because the court relies on specialists to say what competent care would have looked like.
The evidence that typically builds an HAI claim includes:
- Hospital and GP medical records, including nursing observation charts
- Microbiology and laboratory results dating the infection
- Infection-control policies and any trust audit or incident report
- An independent expert report on breach of duty and causation
- A schedule of your financial losses and a witness statement
Strong contemporaneous records matter enormously. Across the matters our team has reviewed, the cases that resolve fastest are those where the notes themselves reveal the delay or the missed warning sign, leaving the defendant little room to dispute causation.
How long do you have to make a claim?
You generally have three years from the date of the negligence, or from the date you first knew the infection was linked to substandard care, whichever is later. This “date of knowledge” rule under the Limitation Act 1980 is important for infections, which can sometimes be diagnosed or connected to negligence only after discharge. For a child, the three-year clock does not start until their 18th birthday, and for someone who lacks mental capacity the limit can be suspended entirely.
Different rules apply where an infection proves fatal: the dependants generally have three years from the date of death or their date of knowledge. Because limitation can be fact-sensitive, the safest course is to take advice early rather than risk a missed deadline. The court has a narrow discretion to extend time, but it is never wise to rely on it.
What does the claims process involve?
The process moves from investigation, through a formal letter of claim, to either a negotiated settlement or, rarely, court proceedings. Most clinical negligence claims follow the pre-action protocol, which encourages early exchange of information and proportionate resolution. The large majority of well-evidenced HAI claims settle without a trial, often after the defendant responds to the letter of claim.
| Stage | Typical timeframe |
|---|---|
| Initial assessment | 24–48 hours |
| Gathering records and expert evidence | 4–9 months |
| Letter of claim sent | After evidence supports breach |
| Settlement or court date | 12–36 months |
Timeframes vary widely with the severity and complexity of the injury. A claim involving permanent organ damage or a fatal outcome will usually take longer than a claim for a serious but recovered infection, partly because the long-term prognosis must be clear before damages can be valued accurately.
Why choose May I Claim for a hospital infection claim?
May I Claim helps patients and families across England and Wales investigate whether a hospital acquired infection was the result of negligence. We work with experienced clinical negligence solicitors and independent medical experts, and most claims are funded on a no win no fee basis under a Conditional Fee Agreement. You pay no legal fees unless your claim succeeds, with any success fee capped at 25% of damages under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
We do not promise specific outcomes — every claim turns on its own evidence — but we will tell you honestly whether we think there is a case worth pursuing. If you or a loved one developed MRSA, C. diff, sepsis, or another infection in hospital and believe care fell short, you can request a free, no-obligation claim check today. Get in touch through our contact page and our team will review the circumstances with you.
Frequently asked questions
Is catching an infection in hospital always negligence?
No. Some infections occur even with faultless care, so a claim only succeeds where the hospital fell below the accepted standard of hygiene, screening, or treatment and that failing caused avoidable harm.
Can I claim if a relative died from a hospital infection?
Yes. Eligible dependants can bring a claim that may include a dependency award, funeral costs, and the fixed statutory bereavement award of £15,120 for deaths on or after 1 May 2020 in England and Wales.
How long do I have to claim for a hospital acquired infection?
Usually three years from the negligence or from the date you knew it was linked to substandard care. Different rules apply for children and for people who lack mental capacity.
Does it cost anything to start a claim?
Most hospital infection claims are run on a no win no fee basis, meaning you pay no legal fees unless the claim succeeds, with any success fee capped at 25% of your damages.
Related reading
Disclaimer: The compensation figures in this article are illustrative guideline brackets only and are not a guarantee of what any individual claim is worth. Every case is assessed on its own facts. mayiclaim is a trading name of R Costings Limited, which is authorised and regulated by the Financial Conduct Authority (FRN 836625). This article is general information and not legal advice.
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