When Does a Hospital-Acquired Infection Become Medical Negligence?

World Hepatitis Day, marked annually on 28 July, helps raise awareness of hepatitis and the importance of early diagnosis and treatment. The 2026 theme, “Hepatitis: Let’s Break It Down”, encourages greater understanding of the condition. Hepatitis B and C are blood-borne viruses, and many people have no obvious symptoms at first.

In some circumstances, hepatitis B or C can be linked to healthcare through infected blood, unsafe injection practices or inadequately sterilised equipment.

So, when are hospital-acquired infections the result of medical negligence?

Was substandard medical care the cause of the patient contracting the infection?

Or, even if the infection was not caused by negligence, did later healthcare failings lead to it becoming more serious than it should have been?

What is a hospital-acquired infection?

A hospital-acquired infection is an infection acquired during a hospital stay or treatment that was not present or already developing when the patient’s care began.

The term “healthcare-associated infection” is broader in meaning, covering infections linked to a wider range of healthcare institutions, such as clinics, care homes and community treatment settings.

Some examples of hospital-acquired infections include:

• surgical-site infections
• MRSA
• difficile
• coli
• pneumonia
• catheter-associated urinary infections
• bloodstream infections

Sepsis is not an infection. It is the body’s serious, potentially life-threatening reaction to an infection that is already present in the body.

Does developing an infection in hospital indicate that the hospital was negligent?

The answer is, ‘no’.

Hospitals can reduce the risk of infection, but they cannot eliminate it. An operation leaves a wound, and catheters and cannulas can provide bacteria with a route into the body.

Some patients are more susceptible to infection than others, particularly if they are older, already unwell or have a weakened immune system.

The bacteria involved are not necessarily picked up in hospital either. They may already be present on the skin or elsewhere in the body and only cause an infection when they get into a wound or the bloodstream.

To bring a successful claim, you would need to show either that poor medical care caused the infection in the first place, or that it was not spotted and treated soon enough and the delay made matters worse.

In what circumstances could negligent care cause a patient to contract an infection?

NICE says that preventing infections starts with some fairly basic measures: staff washing their hands properly, keeping wards and equipment clean, and using antibiotics only when they are really needed.

A claim for a hospital-acquired infection might be investigated in circumstances where there is evidence of:

• a failure to wash hands properly;
• contaminated or inadequately sterilised equipment;
• poor care of wounds;
• a catheter, cannula or intravenous line being badly managed;
• failure to isolate an infectious patient;
• unsafe handling of needles or syringes;
• failure to respond properly to a known outbreak.

Hepatitis B and C can be passed on when infected blood enters another person’s bloodstream. In a healthcare setting, that might happen through a contaminated instrument, an unsafe injection or another mistake involving blood.

Even if the hospital failed to follow its infection-control policy, the patient must still show that this caused the infection or worsened its effects. Otherwise, the organism may already have been present in the patient, or there may have been several other possible sources. Expert medical evidence is normally needed to prove matters like this.

What if the infection was missed or treated too late?

The hospital staff may not have caused the original infection. Even so, there may be grounds for a clinical negligence claim if staff failed to diagnose or treat the infection within a reasonable period of time.

Warning signs might include worsening pain, redness, swelling or discharge around a wound, fever, confusion or general deterioration.

Questions may arise if staff:

• failed to investigate clear symptoms;
• ignored abnormal test results;
• delayed microbiology tests or appropriate antibiotics;
• continued treatment that was plainly not working;
• failed to monitor the patient’s response;
• missed signs of sepsis;
• discharged the patient too soon;
• gave inadequate follow-up advice.

The key question is what would probably have happened if the infection had been recognised and treated at the proper time.

Even so, a delay in treatment could still have caused sepsis, organ damage, further surgery, a longer hospital stay or a lasting disability.

In those circumstances, the claim may relate to the additional harm caused by the delay, rather than to the original infection.

What evidence may be needed for a hospital infection claim?

Relevant documents may include admission and operation notes, nursing records, observation charts, blood test results, microbiology reports, wound swabs, drug charts, wound-care records and notes on catheters or lines.

Independent experts may then consider:

• where the infection probably came from;
• whether the patient was already carrying the organism;
• whether accepted infection-control protocols were followed;
• whether the signs should have been recognised earlier;
• whether different tests, antibiotics or other treatment should have been provided;
• whether better care would probably have changed the outcome.

The person bringing the claim has to prove their case.

What should you do if you believe you acquired an infection in hospital?

If you have an ongoing or worsening infection, you should seek medical advice first and foremost.

If you later consider bringing a clinical negligence claim, write down when symptoms began, how they changed over time and what treatment you were given. Keep hold of discharge letters, prescriptions, test results, correspondence and photographs. You can also request copies of your medical records.

An NHS complaint may help obtain an explanation, an apology or information about changes made. It is not the same as a medical negligence claim, which deals with legal responsibility and compensation for avoidable injury and financial loss.

NHS complaints should normally be made within 12 months of the incident or of the date the person became aware of it. A late complaint may still be considered where there was good reason for not making it sooner and a fair investigation remains possible.

How long do you have to make a medical negligence claim?

In England and Wales, court proceedings generally have to be started within three years of the negligent treatment or the later date on which the patient had enough knowledge to suspect that the negligence complained of had caused a significant injury.

For a child, time does not normally begin to run until their 18th birthday, which usually means proceedings can be started up to the age of 21.

The limitation period does not usually run while someone lacks the mental capacity needed to conduct the claim. Different provisions apply where a patient has died.

It is risky to leave matters until the deadline is close.

What can compensation cover?

Where a claim succeeds, compensation may cover pain and suffering caused by the negligent care, additional treatment, a prolonged hospital stay, rehabilitation, care, loss of earnings, psychological injury and the effect of the injury on everyday life.

When does a hospital-acquired infection become medical negligence?

Was the infection caused by care that fell below a reasonable standard? Or, if the infection arose without negligence, did later failings allow it to cause avoidable additional harm?

Simply developing an infection during or after a hospital stay is not enough. The answer will usually lie in the medical records, microbiology evidence and the views of independent experts.

If you or a family member has suffered because of a possible hospital-acquired infection or a delay in treatment, contact Mooneerams Solicitors for an initial discussion with a member of our medical negligence team.

If we believe your case has reasonable prospects of success and you would like us to help you pursue a compensation claim, we will explain whether we can handle it under a No Win No Fee agreement.