February 27th, 2009

A council has made a u-turn after originally telling a man he would not be eligible for compensation when a lorry hit his car.
Mark Jones’s vehicle was parked outside his home in December last year when it was hit by a refuse collection lorry, the Staffordshire Sentinel reports.
The workers left a note on the car to say who had caused the damage, which included smashed lights and crumpled bodywork.
However, when Mr Jones sent in a £2,000 claim for damages, he was told that he would not receive compensation because the road was icy.
He contested the decision and has now been told that he will receive compensation after all.
"After a review, it appears regardless of the ice this accident may have happened anyway due to the density of cars and narrowness of the road, so we have made an offer without prejudice," said a Stoke council spokesperson.
Mr Jones said he is pleased with the new development, which has been described as a victory for common sense.
Anyone whose vehicle is damaged by a council vehicle should keep photographic evidence and any written correspondence in order to support their compensation claim.

Tags: Bodywork, Car Mark, Cars, Common Sense, Compensation Claim, Correspondence, Damaged Car, Damages, Density, Lorry, Photographic Evidence, Prejudice, Quot, Refuse Collection, Spokesperson, Staffordshire Sentinel, U Turn, Victory
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February 27th, 2009

The Health and Safety Executive (HSE) has issued a warning to care providers that they must ensure the safety of their patients.
Its warning comes after a man staying at the Northern General Hospital in Sheffield tried to open a window in May 2004.
Although the window was not supposed to open more than ten centimetres, it had not been properly maintained and swung open fully.
The 18-year-old fell 12 metres to the floor below, suffering a serious internal injury and several fractures.
Sheffield Teaching Hospitals NHS Foundation Trust was fined for breaches of the Health and Safety at Work Act 1974.
HSE inspector Kirsty Welsh said hospitals need to ensure that vulnerable people are not put at risk.
"The risk of falls from windows is well-known in the care sector. Hospitals have a responsibility to ensure they have preventative measures put in place," she added.
Anyone who is injured within a hospital or care home may be able to claim personal injury compensation and should seek the advice of a solicitor within three years of the incident.

Tags: 18 Year Old, Breaches, Care Sector, Foundation Trust, Fractures, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety At Work Act 1974, Health And Safety Executive, Kirsty, Northern General Hospital, Personal Injury Compensation, Preventative Measures, Risk, Safety At Work, Sheffield, Solicitor, Teaching Hospitals, Welsh
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February 26th, 2009

The family of a man who was crushed to death in a workplace accident in 2006 have been paid compensation for their loss.
Jose Maria Martos Fernandez was working as a fisherman at a harbour in Lochinver, Scotland, when the accident occurred, the Aberdeen Press and Journal reports.
The men were unloading boxes of fish using a winch when a wire rope snapped. Mr Fernandez was hit on the head and shoulders by the cargo and he died at the scene.
After an investigation into the incident, it was concluded that regular checks on the state of the rope, which had become corroded, would have revealed that it was unsuitable and the death could have been avoided.
Lagun Talde, the company which owned the boat, was prosecuted under health and safety regulations and was ordered to pay £50,000 in compensation to Mr Fernandez’s family.
According to the Health and Safety Executive, 229 workers were killed at work in 2007-08.

Tags: Aberdeen Press And Journal, Boxes, Checks, Family Health, Family Man, Fish, Fisherman, Head And Shoulders, Health And Safety, Health And Safety Executive, Jose Maria, Lochinver, Martos, Safety Regulations, Scotland, Winch, Wire Rope, Workplace Accident
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February 26th, 2009

A company which failed to put appropriate guards over its machinery has been prosecuted after a man suffered a serious injury to his arm.
The unnamed employee was working at 600 UK, an engineering firm situated in Heckmondwike, which is in the borough of Kirklees some nine miles from Leeds.
According to the Huddersfield Examiner, the 47-year-old was working a jig borer when he caught his sleeve and was pulled into the machinery. He could not pull himself free and had to be helped by his colleagues.
He lost tissue, sustained nerve damage and also suffered a compound fracture.
The Health and Safety Executive fined 600 UK £20,000 for failing to protect its workers.
Inspector Geoff Fletcher said: "Given that this is a heavy industrial machine operated by a company which makes machinery of this type, they should have known what standard of protection was required. Guards should have been in place."

Tags: Arm Injury, Borough Of Kirklees, Colleagues, Compound Fracture, Engineering Firm, Health And Safety, Health And Safety Executive, Heckmondwike, Huddersfield Examiner, Jig Borer, Leeds, Nerve Damage, Nine Miles
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February 26th, 2009

A woman who claims that she underwent seven operations that would have been unnecessary had she been treated appropriately in the first place is suing the NHS trust she holds responsible.
The unnamed patient, 33, went into Hinchingbrooke Hospital in January 2006 with pain in her abdomen and vomiting, the Cambridge News reports.
Although she had surgery six days later, her bowel was perforated and her appendix was wrongly taken out.
After seven operations, her fallopian tube had also been removed, which she said had not been necessary.
The victim is taking legal action against Hinchingbrooke Health Care NHS Trust for clinical negligence, alleging that gynaecologists did not manage her original infection correctly and should have fitted a simple drainage tube.
She claims that since the operations, she has been left unable to work, do her own shopping or make the bed.
A spokesperson for the trust said: "This case is currently being looked at by our solicitors and therefore it would be inappropriate to comment at this time."
Earlier this month, it was reported that a woman who wrongly had her toe amputated had been awarded £20,000 in compensation after taking legal action.

Tags: Abdomen, Appendix, Cambridge News, Clinical Negligence, Drainage Tube, Fallopian Tube, Health Care Nhs Trust, News Reports, Shopping, Six Days, Solicitors, Spokesperson, Woman
Posted in Clinical Negligence News | No Comments »