MRSA – A New Way To Claim?

‘Hospital Superbug’ MRSA is seldom out of the news. The press frequently reports cases of patients infected by this organism, usually with reference to how dirty the hospital was and how no cleaners were seen for the entirety of the patient’s stay. Nevertheless, successful litigation arising from MRSA infection is rare.

Less frequently reported is the fact that staphylococcus aureus, the organism in question, is commonly found on many people. On our skin or in our noses and throats, it is generally harmless, but problems sometimes arise if it gets into a wound. It is usually difficult to prove the source of the infection – was the patient already colonised with it on admission? Did it come from a doctor or nurse? If so, when, and which one? Or did it come from the patient with known MRSA who was not kept in isolation? Even if the source can be identified, it is necessary to prove that the hospital failed to take reasonable care. Did it know it had MRSA on that ward? Did it try to do