Families who lost loved ones to C-diff have only one option left, according to a solicitor.

Mounting a private legal action is the last chance for families to take action against the Maidstone and Tunbridge Wells NHS Trust after the police ruled out criminal charges.

That is the view of clinical negligence solicitor Sarah Harman, who represents 30 families in private actions against the trust.

She said: “I am not surprised by the decision of Kent Police not to bring a criminal prosecution and I advised my clients to be prepared for this.

“There was such widespread poor practice at Maidstone Hospital and so many people were involved at all levels that it would have been logistically very difficult to prosecute.”

See the C-diff special feature in this week's Kent Messenger and all the background in our special report.

When criminal charges were ruled out at a press conference on Wednesday, assistant chief constable Allyn Thomas said a high standard of proof, "beyond reasonable doubt", is needed to prove negligence.

He added: “That could be a case like Harold Shipman, were you deliberately set out to kill, or being so negligent in your actions that death results.”

The coroners’ office for mid Kent said it was very rare for inquests to be held for people who die with C-diff.

Coroners’ officer, Rick Watkins, said: “Inquests are called on the individual circumstances of someone’s death.

“C-diff is naturally occurring. Many people get it and are fine, but it can be fatal for people who are already weak, or who have had strong antibiotics.

“A coroner reviews cases referred to him of people dying within 24 hours after being admitted to hospital or those who have had a recent operation or fall but that doesn’t automatically lead to an inquest.”

Stephen Walker, chief executive of the NHS Litigation Authority, which is handling legal claims against the Maidstone and Tunbridge Wells NHS Trust, said 32 claims were registered and damages agreed in five cases.

He added: “Many people who wanted full explanations from the trust have now been sent those. I have seen the letters and they really spare no detail.”

• Last week the Kent Messenger revealed that a visitors’ toilet had been left covered in faeces for 11 hours at the Kent and Sussex Hospital. The trust launched an immediate investigation and this week a trust spokesman said disciplinary action had been taken against a member of staff and changes made to ensure extra staff were called in to cover unforeseen staff illness.