Tuberculosis (TB) negligence compensation claims

Tuberculosis or TB is a serious, contagious, bacterial infection. TB usually affects the lungs but can also infect other parts of the body, including the brain, abdomen, bones, spine and nervous system.

TB infection is spread by coughing, sneezing or spitting. It can be caught by inhaling micro droplets of the infected fluid from the air. Initially, the newly infected person’s immune system may be able to deal with the disease, without causing symptoms or infecting others. This is known as latent TB. It is thought that latent TB affects around a quarter of the world’s population.

After someone is infected, they have a 5-15% lifetime risk of becoming ill with TB. People with weakened immune systems have a greater risk of developing active TB. Anyone can get TB, but the risk is increased for people who smoke or drink alcohol, or have HIV or diabetes, or live in poverty with malnutrition, poor housing and sanitation.

The symptoms suffered by someone with TB will depend on whether the infection affects the lungs (pulmonary TB) or another part of the body (extrapulmonary TB).

Common symptoms of pulmonary TB include:

• weight loss and lack of appetite;
• night sweats;
• a high temperature (fever);
• extreme tiredness or fatigue.
• cough for more than 3 weeks and/or brings up (blood-stained) phlegm;
• gradually worsening breathlessness.

Extrapulmonary TB is less common than pulmonary TB. Extrapulmonary TB infection affects areas of the body outside of the lungs, such as:

• lymph nodes;
• bones;
• digestive system;
• bladder;
• reproductive system;
• brain;
• spine and nervous system.

Symptoms and signs of extrapulmonary TB may include:

• persistently swollen glands;
• abdominal pain;
• pain or loss of movement in a joint;
• confusion;
• persistent headache;
• seizures (fits).

The early symptoms of active TB may be mild, but early recognition and treatment are important. Any delays in diagnosis and treatment increase the risk of permanent injury and of spreading the disease to others.

Pulmonary TB is often diagnosed after a chest x-ray and a phlegm sample. If pulmonary TB is diagnosed early, it can usually be cured with a 6-month-long course of antibiotics. During treatment, the infected person does not need to be isolated from their family, but they may need to take certain precautions to avoid spreading the infection. 

Extrapulmonary TB may be diagnosed after more extensive tests, including CT, MRI or ultrasound scans, internal endoscopic examination, blood tests or biopsy.

Tuberculosis is a serious infection which requires timely treatment with antibiotics to avoid permanent injury and severe disability. Delays in treating pulmonary tuberculosis can result in incurable lung damage, restricting the affected person’s ability to breathe and causing a lifetime of coughing fits, breathlessness and chest infections. Pulmonary TB is also associated with a life-threatening and debilitating condition called aspergillosis, which may require removal of the affected person’s lung. 

Delayed or untreated tuberculosis infection can spread to the brain, causing confusion, loss of consciousness, coma, or permanent damage from tuberculosis meningitis. If left untreated, both pulmonary and extrapulmonary tuberculosis can cause death.

TB medical negligence compensation claims usually arise from delays in diagnosis and treatment of tuberculosis, resulting in permanent injury to the infected person. Symptoms of tuberculosis are often mild at first but increase in severity during the delay between onset and eventual diagnosis. Individual symptoms may be mistaken for other conditions, such as a chest infection or viral infection, leading to further delay. GP negligence claims involving TB can also arise from failure to refer the patient for specialist review or appropriate tests and investigations.

We have helped clients in claims arising from TB injury and disability after:

• delays or failure by a GP or hospital to recognise the signs and symptoms of TB; 
• delays, failure or errors by a GP or hospital in ordering tests and investigations for TB;
• delayed diagnosis of TB;
• misdiagnosis of TB signs and symptoms as another condition;
• delay or failure by a GP to refer the patient to hospital or for specialist review;
• delay or failing to treat the patient with appropriate antibiotics or corticosteroids;
• failing to test and treat the infected person’s close family members for latent TB;
• failure to screen for TB infection (e.g. on immigration).

Our specialist medical negligence lawyers have helped injured patients and their bereaved families recover compensation after negligent TB treatment led to:

• the patient’s death;
• brain injury from TB meningitis;
• hearing loss;
• lung damage, bronchiectasis and respiratory disability;
• Aspergillosis/loss of lung;
• coughing fits;
• reduced immunity to infection, such as chest infections;
• weakness and reduced stamina;
• avoidable TB injury to children/family members.

Each client’s compensation depends on their individual circumstances and the severity of their disability and its impact on their life.

We have helped clients who have been permanently disabled as a result of late diagnosed or untreated TB recover compensation for:

• their pain, suffering and physical and psychological injury;
• loss of earnings;
• care and domestic assistance;
• adapted accommodation;
• specialist equipment;
• costs of private surgery and medical treatment;
• therapies;
• psychological counselling;
• other expenses arising from their avoidable injury.

Where untreated tuberculosis results in fatal injury, the deceased’s family and dependants may be able to claim compensation for:

• the deceased’s pain and suffering prior to their death;
• funeral costs;
• a statutory bereavement payment;
• the loss of the deceased’s income and ‘services’, such as childcare, housework, DIY, driving and other tasks.