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Working in healthcare with a patient who has contracted MRSA: what are my rights?

I work a night shift looking after 5 clients who are mentally handicapped. Last night I was told by my manager that one of the clients has contracted MRSA through a bed sore on her bottom. What are my legal rights? Could I lose my job if I refuse to work with this client and can I claim compensation if I contract this infection. My husband has heart failure and I may be going in hospital myself to have a cyst removed from my brain. Am I low/high risk etc. Any information would be helpful as I am very worried?

Whether or not you will lose your job or be the subject of any disciplinary action will be dependent on what your job description and employment contract provides. I anticipate that you will be expected to continue to work with clients even after they have contracted illnesses, but cannot be certain without sight of your employment documentation.

Whether or not you can claim compensation if you contract MRSA as a result of working with this client will be dependent upon whether or not your employer does all that can be reasonably expected to protect you. If they do not provide you with sufficient protection they are in breach of their duty of care to you and a claim could be made.

If your employer has not encountered this difficulty before a full risk assessment should be undertaken and all reasonable steps taken to ensure that the illness does not spread to staff or other clients e.g full training and protective clothing (if appropriate).

I would suggest that you speak to your employers and advise them of your concerns, particularly in light of your husband's ill health.

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by Conrad Murray last modified 2007-07-17 11:21

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