New tactics employed by MRSA claimants' lawyers
The NHS is set to bear the brunt of a new wave of claims as patients look to gain compensation for MRSA.
Until now it has been difficult for patients to firmly blame the NHS because it has not been known at which point exactly a person becomes infected.
But now, instead of relying solely on the traditional clinical negligence argument, former patients have started pursuing the NHS by using legislation more common to indu-strial disputes.
Control of Substances Harmful to Health (COSHH) requires employers to control exposure to hazardous substances to prevent ill health.
These substances are those used, generated and occurring at work.
However, it also involves biological agents such as bacteria and other micro-organisms.
Lawyers are now claiming MRSA comes under such a definition and if it applies to staff it should also apply to patients in hospitals.
Susan MacQueen, head of infection control at London's Great Ormond Street Hospital and a member of the Government's Specialist Advisory Committee on Anti-microbial Resistance, said: "I think this presents the best route for people to pursue the NHS".
She acknowledged hospitals were concerned it could lead to many more claims but suggested it would help patients and in turn improve performance in infection control.
COSHH came into regulation in 2002.
MRSA is cited on the death certificates of more than 1,000 people every year and thousands more left severely ill or disabled by the infection.
