At a hearing in the Outer House of the Court of Session, Lady Clark has ruled that Elizabeth Miller may proceed with her test case against the NHS, whom she claims infected her with MRSA during a stay in hospital.

The matter will now go to a proof, and Lady Clark has allowed Miller to advance the argument that not only did the NHS owe her a duty of care, but that the presence of the MRSA infection is a breach of the COSHH regulations applicable in the workplace.

If successful, Miller's case could set a precendent allowing others -as mnay as 1 person in 10- who contracts the infection in hospital, to riase their own civil claims.

Miller's solicitor Cameron Fyfe also represents almost a further 200 clients with similar experiences to Miller's.