More recently, some attempts have been made to use the Control of Substances Hazardous to Health (COSHH) regulations as the basis for HAI claims.
Using a little lateral thinking, some lawyers have argued that bacteria such as MRSA or C.diff fall within the definition of “a substance hazardous to health”. This being the case, the COSHH regulatory obligations would apply to hospitals in their treatment of patients.
But a case last year suggested that relying on those regulations will not necessarily make these claims much easier to demonstrate, at least in the short term.
Until there is a full-blown trial that decides whether the COSHH regulations truly apply, this will remain a grey area.
Monday, November 12, 2007
MRSA claims not easy to prove in court - Health News - News - icWales: "Nov 12 2007 by Our Correspondent, Western Mail HEALTHCARE-associated infections (HAIs) are rarely out of the news these days. The best known is MRSA, while Clostridium Difficile (C.diff) has also become more prominent of late."