A grandmother yesterday said she was "overjoyed" that her court bid to win damages from the NHS after she caught the superbug MRSA can go ahead.

A grandmother yesterday said she was "overjoyed" that her court bid to win damages from the NHS after she caught the superbug MRSA can go ahead.

Elizabeth Miller was diagnosed with MRSA in 2001 while recovering from a heart operation at Glasgow Royal Infirmary.

Her legal team argues that a failure to implement properly the hospital's hand hygiene policy led to her infection.

A preliminary hearing took place at the Court of Session in Edinburgh in January, where Judge Lady Clark had to decide whether there was a case in law for Mrs Miller to proceed with a full compensation claim. Yesterday Lady Clark said there should be a full hearing.

Mrs Miller, 71, said: "I really am overjoyed that we have won the first battle and I just feel it has taken a long, long time. I'm pleased that I am going to get to court because there are so many other people who are behind me and I have been looking forward to the fact that I might get this case into court.

"The main thing is that the hospitals get cleaned up and something is done about it."

The pensioner wants to sue Greater Glasgow NHS Board for £30,000, claiming her life has been turned upside down since she contracted the bug.

The groundbreaking test case is believed to be the first of its kind in the UK.

Patients have previously sued hospitals for failing to treat the superbug, but there have been no cases brought against the health service for giving patients MRSA.

Mrs Miller, from Kilsyth, North Lanarkshire, said: "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.

"Things I used to take for granted like making the bed or taking the grandkids to the park, I can't do any more."

Mrs Miller was admitted to Glasgow Royal Infirmary on October 18, 2001, for an aortic valve replacement operation the following day. Nine days later, she was diagnosed with a suspected wound infection and she was placed on antibiotics. The infection was later identified as being MRSA.

Papers lodged with the court by Mrs Miller's lawyers claim that she was infected after the operation.

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

Mrs Miller's solicitor Cameron Fyfe said if his client's case is successful it could open the floodgates for other claims.

A date has not yet been fixed for the hearing.