Lincolnshire Family Successful in MRSA Claim

The family of a Lincolnshire woman who died after contracting MRSA in hospital have succeeded in their claim against the hospital trust that was responsible for her care.

Mrs Staples went into the Pilgrim Hospital in Lincolnshire for a routine hip replacement in June 2002 and, after a seemingly successful operation, was discharged. However, just a few weeks after leaving hospital, Mrs Staples had to be readmitted with an infection in the hip area.

Despite undergoing treatment at both Pilgrim and Skegness hospitals in the following months, doctors failed to control the infection and in December 2002, it was discovered that Mrs Staples had contracted MRSA in the wound.

The infection did not respond to antibiotics and Mrs Staples' condition continued to deteriorate. After becoming seriously unwell, she was readmitted to hospital in April 2003, by which time, the infection had entered Mrs Staples' blood and she was diagnosed with septicaemia.

Sadly, her condition continued to deteriorate and Mrs Staples died on 30 April 2003.

Mrs Staples' daughter, Joanne Baumber, said "The infection had just ravaged her body, her collar bone was full of pus, her rib cage had virtually disintegrated. It was awful".

Mrs Baumber approached Irwin Mitchell to discuss a potential MRSA claim. Our specialist medical negligence solicitors were later able to obtain expert evidence from a microbiologist and from an orthopaedic consultant, both of whom were critical of the standard of treatment given to Mrs Staples. Our solicitors then commenced court proceedings against the hospital trust, claiming that as well as being negligent in the care of Mrs Staples, the trust had breached the Control of Substances Hazardous to Health (COSHH) Regulations. This is an argument that has not yet been tested in the courts.

The trust formally admitted that their treatment of Mrs Staples was substandard and accepted that Mrs Staples contracted MRSA in hospital. They also conceded that she would not have died had appropriate care been given.

Shortly after these admissions were made, we were able to agree a settlement with the defendants, with a substantial sum paid in recognition of Mrs Staples' unnecessary pain and suffering.

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