Here at Pryers solicitors of York we are pleased to say we’ve settled a case for a man after replacement hip surgery. This clinical negligence case involved a hip replacement that went wrong on a man of 60 years. As a result of the hip replacement, the surgeon caused the prosthesis to fracture the femur which allowed a pocket of infection to develop. This caused the Claimant to require significant revision surgery and then for the full removal of the hip whilst the infection was cleared. As a result of his injuries he was ill health retired from his long standing employment. The matter proceeded against the individual’s surgeon because the treatment was private. At the final hearing the Defendant fully conceded liability for clinical negligence and causation and the case settled with a payment reflecting his pain and suffering, his loss of earnings and also the need for him to move to single storey accommodation. Interestingly, in this case the Defendant had offered £235,000 in settlement but at the final hearing the case settled without any evidence being given with the Defendant increasing up to £435,000 in settlement which was acceptable to the Claimant.
Worker crushed in recycling accident
November 7th, 2008
An incident in which a man was crushed and suffered serious injuries in an accident at work has resulted in a prosecution by the Health and Safety Executive (HSE).
The unnamed 17-year-old man was working for Peter David Marquis at a waste transfer station in 2007 when an excavator moved back, pushing him into a skip.
He broke his femur and pelvis and suffered serious internal injuries.
Mr Marquis was fined £15,000 and ordered to pay £4,631.60 in costs for breaches of health and safety acts.
HSE inspector Stephen Garsed said the accident happened because the risks of working near machinery had not been assessed.
"It is now so easy to find that there can be no excuse for not knowing the standards to meet or for not making sure that risk assessments and operating procedures follow best practice," he commented.
All employers are obliged by law to ensure the safety of their employees under a duty of care.
They must provide a safe workplace, safe systems of work, safe equipment and safe fellow employees.
If any safety regulations are breached and an injury occurs as a result of this negligence, the victim may be eligible for compensation. The HSE will prosecute where appropriate employers that break the law.
