Infection and failure to diagnose claims

If a hospital-acquired infection was missed, mismanaged, or caused by poor hygiene, the consequences can be serious, and you may be entitled to make a compensation claim.

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Author

Georgina Tither

Partner, Solicitor & Team Leader

Last Updated

22nd July 2026

Can I make an infection or failure to diagnose claim?

You may be able to make a claim if you contracted an infection in hospital as a result of poor hygiene practices, or if there was a failure or unreasonable delay in diagnosing and treating your infection. To succeed, we need to show on the balance of probabilities that the care you received fell below an acceptable standard and that your injury or losses arose directly from that substandard care.

Claims for hospital-acquired infections commonly arise when staff fail to follow basic hygiene procedures such as proper handwashing or adequate cleaning regimes, allowing infections like MRSA, C. diff, MSSA, Necrotising fasciitis, Norovirus, E. coli, or Salmonella to spread.

You may also have a valid claim if the clinical team missed clear signs of infection, such as an elevated white blood cell count, raised C-reactive protein (CRP) levels, or a positive wound swab, and failed to start appropriate antibiotic treatment in time.

In more serious cases, an untreated or poorly treated infection can enter the bloodstream and develop into septicaemia (blood poisoning) or lead to sepsis, multiple organ failure, or, in the most tragic circumstances, death. These are the kinds of infection and failure to diagnose claims we have experience handling.

Even if you are unsure whether what happened to you amounts to negligence, seeking legal advice is important. Our specialist team is here to help you understand what happened and explain infection and failure to diagnose claims clearly.

Example of an infection failure to diagnose claim

A patient recovering from routine surgery develops a wound infection showing clear signs of MRSA, but hospital staff fail to isolate the patient, prescribe the correct antibiotics, or follow infection control procedures. The infection spreads into the bloodstream, causing sepsis and a prolonged hospital admission with lasting health consequences. If the hospital failed to follow required hygiene and treatment protocols, this could be a valid medical negligence claim.

Related infection and failure to diagnose claims we support

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What compensation can help with

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Rebuilding your health and covering the costs that follow.

The impact of a serious hospital-acquired infection can extend well beyond the immediate illness. Many people face a lengthy recovery, repeated hospital admissions, lasting physical effects, and a significant period away from work.

Compensation for an infection or failure to diagnose claim doesn’t simply acknowledge what went wrong. It means you have the financial support to access the current and future care and treatment you need, and to recover losses you have already suffered as a result of the negligence.

Successful infection and failure to diagnose claims may help fund:

Private medical treatment and specialist rehabilitation
Ongoing care and support needs arising from lasting complications
Psychological support and counselling for trauma or anxiety
Loss of current and future earnings if you are unable to work
Travel and transport costs related to treatment and recovery
Home adaptations or equipment if mobility or independence has been affected
Out-of-pocket expenses incurred as a direct result of the negligence

Understanding the potential value

The value of an infection and failure to diagnose claim depends on the severity of the infection and its consequences, how your health has been affected in the long term, the impact on your ability to work, and the level of ongoing care or support you need.

Compensation is designed to reflect all of this. Not just the medical treatment itself, but the wider consequences for your life, income, and family. Cases where an infection has led to sepsis, organ damage, limb loss, or the death of a loved one can result in significant settlements that reflect both the immediate and lifelong impact of what happened. We will work with you to understand the full picture of how the infection has affected you. We may also bring in independent medical experts to ensure every aspect of your losses is properly assessed and claimed for.

Understanding special and general damages

A settlement is made up of general damages and special damages. General damages address the non-financial impact of your injury, including pain and suffering and the effect on your day-to-day life. Special damages cover the specific financial losses you can evidence, from medical treatment and rehabilitation costs to lost income and travel expenses. Our team will make sure both are carefully calculated and properly reflected in your claim.

Specialist infection and failure to diagnose solicitors

Why choose Fletchers for your infection or failure to diagnose claim?

Suffering from negligent care related to an infection or failure to diagnose a serious condition, can have lasting consequences. Working on these sorts of claims require a team that understands the legal framework and the clinical picture, such as the significance of blood markers, antibiotic protocols, and infection control standards. At Fletchers, our medical negligence solicitors combine specialist legal knowledge and established relationships with independent medical experts to build the strongest possible cases for our clients.

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Specialist medical negligence solicitors with proven medico-legal knowledge and experience in infection and failure to diagnose cases
Recognised by The Times Best Law Firms, Legal 500, and Chambers and Partners as a leading firm for medical negligence
Over 400 years of combined legal experience across our clinical negligence team
Established relationships with independent medical experts who can assess whether the care you received met the required standard
Experience handling complex, high-value cases involving sepsis, MRSA, C. diff, and other serious hospital-acquired infections
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Free, no-obligation initial consultation so you can understand your options with no commitment
‘No Win, No Fee’, so claims can be pursued without financial risk

You're not alone

We understand what you’re going through.

Suffering a serious infection, particularly one that could have been prevented or treated sooner, can leave you feeling let down by the very people who were supposed to care for you. The physical effects can be severe and long-lasting, and the emotional impact of what happened is often just as significant.

Feeling angry, confused, or uncertain about what to do next is completely understandable. Beyond the health consequences, many people in this situation also face real financial pressure. We understand that taking time off work, facing additional care and private treatment costs, can all mount up quickly – adding to the strain at a time when you should be recovering.

We understand this – and we want to take some of the weight off. We will review your medical records, gather evidence, work with independent experts, and guide you through every stage of the process, keeping you informed and in control at every step. Making a claim will not undo what happened, but it can bring answers, accountability, and the financial support you need to move forward.

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FAQs about infection and failure to diagnose claims

How do I start an infection or failure to diagnose claim?

The first step is to get in touch with a specialist medical negligence firm. We offer a free, no-obligation initial consultation, and once we understand your situation, we can give you clear, honest advice on whether you have a case.

If we take on your case, we will review your medical records, take witness statements, and look into the hospital’s hygiene practices and infection control procedures. We will also instruct independent medical experts to assess whether the care you received fell below an acceptable standard and whether that directly caused your injury or losses.

How long do I have to make a claim?

In most cases, you have three years from the date of your injury, or from the date you first became aware that negligence may have contributed to it, to start a claim. However, there are exceptions to this rule, for example, in cases involving children or people lacking mental capacity.

If you are unsure whether you are still within the time limit, speak to us as soon as possible, and we will advise you.

How long will my claim take?

It’s difficult to say exactly how long a claim will take because it depends on the complexity of your case and whether the other side admits liability. Infection and failure to diagnose cases can be complex, and it takes time to gather the right medical evidence and properly assess your future care and financial needs.

We will always aim to resolve your case as efficiently as possible, but our priority is making sure the outcome truly reflects the impact of what happened to you. Many of our claims are settled through negotiation, even where liability is initially denied.

What evidence is needed for an infection claim?

The evidence you need for an infection or failure to diagnose claim will vary, but it typically includes:

Your medical records

Details of the hospital’s hygiene and infection control procedures

Any audit records

Witness statements

We will also instruct independent medical experts to review the care you received and provide their opinion on whether it met the required standard. You do not need to gather this yourself; we will handle it for you.

Can I claim if the infection was partly caused by my own health?

Yes, in many cases, you can still claim even if you were partly responsible. The fact that you had a pre-existing condition or were already unwell does not automatically prevent you from making a claim. What matters is whether the hospital’s actions, or failure to act, made your situation significantly worse than it would otherwise have been.

We will assess this carefully and advise you honestly on the strength of your case.

Can I claim for the death of a loved one caused by a hospital infection?

If a family member died as a result of a hospital-acquired infection or a failure to diagnose and treat an infection in time, you may be able to make a claim on their behalf or as a dependent. These cases are among the most serious we handle, and we approach them with the sensitivity and care they deserve. Please contact us to discuss your situation.

What support is available during my claim?

Alongside handling every aspect of the legal process, we will keep you informed and supported throughout. Where possible, we will seek interim payments to help cover immediate costs during the claim.

We also work with a network of medical experts and can help you access the right care and rehabilitation support as early as possible. You will always have a specialist on your side who understands both the legal and human side of what you are going through.