infections

One of the most frightening and widespread causes of treatment failure is that of infection.  The consequences can be devastating for patients, causing a wide spread range of injuries.

Consent issues are relevant because under the system of negligence, the occurrence of an infection in itself is not proof that there was negligence.  Many infections will fall within categories regarded as accepted complications, representing inherent and recognised risks of the procedure rather than failures in technique.  Nevertheless even if an infection could not have been avoided with standard techniques and even if consent to such risks has been properly obtained, once infections occur, they must be diagnosed and treated to an appropriate standard of care.

The acquisition of infections and legal issues surrounding this remains a novel and developing area in the law.  Cases such as these have been litigated where:

• infection on a unit meant that it should not have been operating
• these are breaches of health and safety regulations

Where infections have occurred our experience is of cases where there were failures  to:

• monitor the patient’s condition properly following the surgery
• identify and act upon signs of infection, either: systemic signs of increased temperature and/or raised pulse rate; and localized signs such as pain, swelling and/or redness.
• commence sufficiently aggressive antibiotic treatment within a reasonable timescale
• continue antibiotics for long enough
• undertake surgical intervention by washout, debridement and /or removal of prostheses

Other cases concern the failure to identify and treat infective conditions.  Examples would include pneumonia, septicaemia, meningitis, subdural abscess and bacterial endocarditis.  In these conditions there may be delays either at the stage of consultations by general practitioners or in the accident and emergency department or once the patient has been admitted to the ward under a medical team.

The consequences of sepsis can be extremely severe leading to collapse, requirement for intensive care, brain damage, amputations and prolonged recoveries from debilitating illness and in some cases death.

We recognise the role of relatives who support their loved ones through these very difficult situations and are very happy to give expert advice on all aspects, including funding, understanding of the medical and legal issues and preparation of and pursuing the litigation.

For further information please contact Alison McClure in the Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk.