A great-grandmother was “overjoyed” after being given the go-ahead to bring a test case against the National Health Service for allegedly infecting her with the MRSA superbug.

Elizabeth Miller, 71, contracted MRSA while recovering from a heart operation at the Glasgow Royal Infirmary in 2001. Her legal team argues that a failure to implement the hospital's hand hygiene policy led to her infection.

Although patients have sued hospitals for failing to treat the superbug, no cases have been brought against the health service for giving it to patients. If successful, Mrs Miller's case could lead to scores of others.

Speaking after the Court of Session in Edinburgh ruled that a full hearing into the claim should be held, Mrs Miller said: “I really am overjoyed that we have won the first battle and I just feel it has taken a long, long time. The main thing is that the hospitals get cleaned up. It has ruined my life. I spend most of my life sitting in a chair, and depression is one of the worst things it has done. I just feel my life will never be the same again. But if the case can prevent it happening to someone else, that will be a bonus.”

Mrs Miller, from Kilsyth, near Glasgow, is seeking damages of £30,000 from NHS Greater Glasgow. She says that she can no longer play with her great-grandchildren because she is too unwell.

Her legal team claims that she contracted the bug because of a series of errors that led to staff failing to wash their hands properly. The problems were understood to include faulty taps and sinks and a lack of soap and paper towels.

According to court papers lodged on her behalf: “If the hospital's hand hygiene policy had been implemented, enforced and adhered to, Mrs Miller would not have become infected with MRSA.”

Lawyers for the NHS board called for the legal action to be dismissed. They claim that the infection was identified and treated as early as possible and that a nasal swab taken from Mrs Miller did not rule out the possibility that she had MRSA before being admitted.

However, in a written ruling yesterday, Judge Lady Clark said that the case should proceed to a full hearing. She said that there were still some factual matters to be determined. A date has not been fixed yet for the full hearing.

Mrs Miller's solicitor, Cameron Fyfe, said that he had 160 other clients who intended to pursue similar claims if the case was successful. In some cases patients had died or lost limbs, and those claims could run into six figures, he suggested.

Mr Fyfe added: “This is a big step forward. If at this final hearing we can prove that the hospital was to blame, Elizabeth will be compensated and it will open the door to hundreds of claims.”

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