Introduction

Hospital‑acquired infections, sometimes called healthcare‑associated infections, are those contracted while receiving treatment in hospital. Patients expect hospitals to be places of recovery, yet poor hygiene, mismanagement and delayed diagnosis can turn them into sources of harm. Infections picked up on wards not only prolong illness and increase suffering but may also lead to serious complications.

As a solicitor specialising in medical negligence, I often speak to clients who have experienced unnecessary pain and distress because basic precautions were not followed. This blog explains what hospital‑acquired infections are, how they arise, the legal duties owed by healthcare providers and what you can do if you believe you or a loved one has been harmed by inadequate infection control.

What are hospital‑acquired infections?

A hospital‑acquired infection is an infection contracted during a stay in hospital that is unrelated to the condition for which the patient was admitted. These infections can take many forms. They include urinary tract infections associated with catheters, surgical site infections where bacteria enter through an incision, respiratory infections such as pneumonia, bloodstream infections that can lead to sepsis, and infections caused by antibiotic‑resistant organisms like MRSA. In each case, the patient is exposed to bacteria or viruses they would not have encountered but for the hospital environment.

Such infections carry serious consequences. An infection at a surgical site can cause fever, pain, pus and a reopening of the wound, delaying healing. A catheter‑associated urinary tract infection may lead to pain when passing urine, blood in the urine or, in severe cases, sepsis. Hospital‑acquired pneumonia can quickly progress from a cough and breathlessness to life‑threatening breathing difficulties. Sepsis itself is a life‑threatening reaction to infection that can cause confusion, low blood pressure, organ failure and, if untreated, death. These examples illustrate why strict infection control is critical.

How do hospital‑acquired infections occur?

Hospitals house vulnerable patients in close quarters. Many are immunocompromised, recovering from surgery or undergoing treatment that increases susceptibility to infection. In this setting, pathogens can spread rapidly if infection control measures are not robust. Common pathways include:

• Poor hand hygiene: When healthcare workers, patients or visitors fail to wash their hands before and after contact, they transfer germs from one surface or person to another. Hands are a major vehicle for bacteria and viruses.
• Unclean environments: Overcrowded wards, infrequent cleaning and unsanitised surfaces allow pathogens to survive and multiply. Shared equipment, bed rails, curtains and door handles can harbour germs if not disinfected.
• Invasive devices: Catheters and intravenous lines breach the body’s natural barriers, providing a direct route for bacteria into the bloodstream or urinary tract. Improper insertion or failure to remove devices promptly increases the risk of infection.
• Surgical wounds: During or after an operation, bacteria can enter through incisions. Inadequate sterile technique, contaminated instruments or failure to keep wounds clean can result in surgical site infections.
• Delayed diagnosis: Failing to recognise early signs of infection – such as fever, redness, swelling or abnormal test results – means patients are not treated promptly. The longer an infection is left, the greater the risk of it spreading or developing into sepsis.

Hospitals have a duty to minimise these risks through rigorous policies. Staff should follow hand‑washing protocols, use personal protective equipment appropriately, clean and disinfect surfaces regularly, and ensure that invasive devices are inserted and maintained using sterile technique. Wards should be adequately staffed and not overcrowded, and patients with known infections should be isolated. When these measures are not enforced, infections that could and should have been prevented take hold.

Sepsis and the need for urgent intervention

Sepsis is a severe, sometimes fatal reaction to infection where the body’s response causes damage to its own tissues and organs. Many cases of sepsis arise from hospital‑acquired infections. Recognising and treating sepsis rapidly is essential. The so‑called “Sepsis Six” is a bundle of interventions used in British hospitals to improve outcomes: giving high‑flow oxygen, taking blood cultures, starting intravenous antibiotics, giving intravenous fluids, measuring lactate levels and monitoring urine output. These actions should be initiated within the first hour of sepsis being suspected, as delays significantly increase the chance of death.

Sadly, I have acted for families where early signs of sepsis were dismissed as minor complaints, and treatment was delayed. In one case a patient developed an infection after surgery but was sent home with minimal advice. Over the following days his condition deteriorated: he developed a high temperature, extreme fatigue and confusion. By the time he was readmitted to hospital he was in septic shock and could not be saved. A timely diagnosis and the administration of antibiotics and fluids could have made all the difference.

When is an infection the result of negligence?

Hospitals, doctors and nurses owe their patients a duty to take reasonable care to prevent avoidable harm. This duty extends to maintaining a clean environment, following infection control procedures and recognising and treating infections promptly. To establish a negligence claim, a claimant must show that the care fell below the standard expected of a reasonably competent healthcare professional and that this failure caused their injury.

The courts apply the Bolam test, asking whether a responsible body of medical opinion would have acted in the same way. This is supplemented by the Bolitho principle, which requires that any such opinion be logical and defensible. Infection claims often involve expert evidence from microbiologists and infection control specialists to determine whether established protocols were followed. For example, if medical staff ignored a high temperature and an elevated white blood cell count or failed to give antibiotics when blood cultures indicated an infection, this could be a breach of duty.

Causation is the next hurdle: it must be shown that the patient’s infection and subsequent harm were caused by the breach. This may involve demonstrating that the infection was acquired in hospital rather than in the community, or that early treatment would have prevented complications. Medical records, witness statements and laboratory results play a crucial role.

Investigating a hospital infection claim

If you believe you have acquired an infection due to poor hospital care, taking the following steps can assist your case:

• Document symptoms and concerns: Keep a diary of your symptoms, when they started, and any conversations with healthcare staff. Note if you observed unclean conditions, staff failing to wash their hands, or delays in responding to your complaints.
• Request medical records: You are entitled to copies of your hospital records, including nursing notes, blood tests and culture results. These documents help establish timelines and identify when signs of infection were first present.
• Seek specialist advice promptly: There is generally a three‑year time limit from the date of the negligent act or the date you became aware of harm to bring a clinical negligence claim. For children the clock does not start until their 18th birthday; for those without capacity it may be suspended. An experienced solicitor can advise you on these rules and investigate whether you have a viable claim. Evidence can deteriorate over time, so early legal advice is crucial.
• No‑win no‑fee funding: Many solicitors offer conditional fee agreements. This means you will not have to pay our fees if the claim is unsuccessful, reducing your financial risk. We will arrange independent medical reports to assess the standard of care and causation.

Preventing hospital‑acquired infections

While the focus of this article is on legal rights, it is important to emphasise prevention. National guidance on infection control aims to reduce harm and improve the quality of care. Hospitals should have board‑level leadership for infection prevention, invest in training and adopt evidence‑based practices. Simple measures such as proper hand hygiene, robust cleaning regimes, safe insertion and removal of catheters, prompt identification of infections and adherence to sepsis protocols save lives. For patients and visitors, washing hands, following advice on wound care and speaking up if something does not seem right can also make a difference.

Conclusion

Hospital‑acquired infections cause significant suffering and are often avoidable. When hospitals breach their duty of care – by allowing hygiene standards to slip, failing to follow infection control protocols or delaying diagnosis and treatment – patients may suffer long‑term injury or lose their lives. Understanding your rights and the legal framework is the first step towards obtaining answers and compensation. By seeking specialist advice, keeping records and acting promptly, you can hold healthcare providers to account and help drive improvements in patient safety. Our experience shows that claims not only provide financial redress but also shine a light on poor practices, leading to better training, policies and outcomes for others.

If you or a loved one has been affected by a hospital infection, please contact us for a confidential discussion about how we can help.