Dancer to sue after being injured in fall

July 10th, 2009

Dancer to sue after being injured in fall

A professional dancer who fell because the paving slabs on a footpath had become sunken is claiming compensation for her injuries.

Jennie Freedland, 31, stumbled and lost her balance on Chester Street on June 22nd because of the height of the slabs, sustaining sprains to her hand, knee and foot, the Chester Evening Leader reports.

She blames Cheshire West and Chester council for the "faulty design" and said it was a hazard to pedestrians. She also said that she has been unable to work in her beauty therapist business since the accident.

"Basic tasks have become really difficult. I have not even been able to drive," Ms Freedland added.

A spokesperson for the council said it cannot comment until an investigation into the matter is complete.

Councils and highways agencies are responsible for the maintenance of footpaths and roads and must carry out regular checks.

If anyone suffers an accident and can prove that the section of footpath had not been recently checked, they may be eligible for personal injury compensation.

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Compensation paid to man’s family after death at work

February 26th, 2009

Compensation paid to mans family after death at work

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.

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Woman to sue for negligence after husband dies

December 9th, 2008

Woman to sue for negligence after husband dies

The wife of a man who was given the all-clear for cancer but later died from the disease is to sue the medical centre she claims is responsible.

Steven Davies, 47, went to see medical professionals in January 2007 and had two bowel examinations, but was told he did not have cancer, the Telegraph reports.

However, in September 2007 he returned to hospital in severe pain and surgeons found tumours that had been in his bowel for up to four years.

He died nine days later and Tracey Davies, 43, said she is to take legal action against Shepton Mallet Treatment Centre.

Ben Mak, the surgeon who carried out the initial checks on Mr Davies, has been suspended by the General Medical Council and later resigned from his position.

A spokesperson for the organisation said: "The General Medical Council has been informed about this surgeon’s work and a full independent investigation is being carried out."

Negligence may occur from delay or failure to diagnose a condition, delay or failure to treat a condition, when a treatment goes wrong, use of the wrong treatment, or failure to obtain consent.

Anyone who has suffered as a result of suspected negligence should seek the advice of a solicitor.

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Patients ‘considering damages claims’ after surgery

November 17th, 2008

Patients considering damages claims after surgery

A number of patients are said to be considering launching legal action against a doctor who was found to have practiced inappropriately.

Dr Ashish Dutta, a cosmetic surgeon, was issued with a warning from the General Medical Council after it was found that his actions during two operations constituted misconduct, the Sunderland Echo reports.

In both cases, Dr Ashish made inaccurate or uneven incisions during eye-bag removal.

"This was irresponsible, inappropriate and not in the best interests of your patients," the judge at the hearing ruled.

Several patients are now considering putting in claims for compensation against Dr Ashish as a result of the scarring they have suffered.

In order for a clinical negligence claim to be successful, a solicitor must establish that the surgeon breached a duty of care agreement between him or her and the patient.

Since there were no formal qualification checks on plastic surgeons prior to April 2002, it may be easier to prove negligence in plastic surgery cases than in other medical fields.

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