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Suing over MRSA

I got MRSA in 1994 after an operation. Can I sue?

Unfortunately the answer is probably no, because at the time you should have issued Court proceedings within 3years* of becoming aware that you contracted MRSA and had advice available to you that it might have been contracted due to professional negligence in the hospital.

This listener should also be aware that there is a Supreme Court decision that says no matter what the Statute of Limitations says there is a general limitation (depending on the circumstances) of fifteen years or so because anything longer than that would put a defendant (doctors, nurses, hospital etc.) at a disadvantage regarding memory, records, etc.

Regarding liability for MRSA, you have to prove two things – firstly, that you contracted it in the hospital and secondly, that it was contracted due to negligent treatment whether before, during or after the operation. 

There is a slim chance that if you only discovered recently that you had MRSA that you might be able to mount a belated claim.  To put your mind at rest you should talk to a Solicitor as soon as possible.

*Please note that the Statute of Limitations now provides that the Limitation period for bringing proceedings is 2 years.

Here are some links from this website:

NewsTalk "Legal Column" MRSA Update

Newspaper Report on MRSA

 Client Advice on MRSA

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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