January 6th, 2009
A six-figure sum of compensation has been paid to a woman who claims the surgery she had on her back left her in a worse position than she had been in beforehand.
The unnamed 49-year-old went to see a consultant orthopaedic surgeon at the University Hospital of North Tees in 2001 when she began experiencing problems with slipped discs, the Evening Gazette reports.
It was suggested that she should have a disc replacement operation, which she agreed to and which was carried out in 2003.
However, the patient claims that she has been left with nerve damage and mobility problems that she did not have before the operation and launched a legal battle for compensation.
"I was assured it would put things right, obviously it did not," the woman commented, adding that it has knocked her confidence and rendered her unable to work.
North Tees and Hartlepool NHS Foundation Trust has now agreed an out-of-court settlement for a six-figure sum, but did not admit liability.
Clinical negligence occurs when a professional in the health service provides care that is judged to be below standard and this causes physical injury, death or distress.
Anyone affected should seek the advice of a legal representative.
Tags: Clinical Negligence, Confidence, Court Settlement, Disc Replacement, Evening Gazette, Figure Sum, Foundation Trust, Gazette Reports, Hartlepool, Health Service, Injury Death, Legal Representative, Mobility Problems, Nerve Damage, North Tees And Hartlepool Nhs, Six Figure, University Hospital Of North Tees, Woman
Posted in Clinical Negligence News | No Comments »
December 24th, 2008
A man who was seriously injured in a motorbike accident has spoken about how a compensation payout helped him to get his life back on track.
Vytautus Gerdziunas, 53, was hit by a car while riding his bike on holiday in 2005, the Yorkshire Evening Post reports.
His lung was punctured and his spinal cord was severed, leaving him permanently paralysed.
However, a recent compensation payout after the driver of the other vehicle admitted liability has enabled him to buy a three-wheeled bike, as well as a modified bungalow.
Mr Gerdziunas’ legal representative said that his is an inspirational story.
"His accident left him with very serious injuries but he has fully embraced the idea of living life to the full. Just because someone has suffered an injury like this doesn’t mean they can’t lead a fulfiling life," she remarked.
Motorcyclists are one of the most at risk groups from being seriously injured if they are involved in a road traffic collision.
A compensation claim can be made for injuries if it can be proven that the driver of the vehicle was responsible for the collision, as was the case here.
Tags: Biker, Bungalow, Compensation Claim, Inspirational Story, Lead, Legal Representative, Life Quot, Motorbike Accident, Risk Groups, Road Traffic, Spinal Cord, Traffic Collision, Wheeled Bike, Yorkshire, Yorkshire Evening Post
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December 18th, 2008
A judge has ruled that a fireman should be awarded compensation in a case that could be significant for emergency services staff all over the UK.
David Callaghan suffered a fall at work in 2002 which caused severe arthritis and doctors said his condition was such that he should receive a payout to cover lost earnings and care.
However, lawyers for the London Fire and Emergency Planning Authority argued that Mr Callaghan had a hip condition prior to his accident and as such, should not be eligible for damages.
In a new development, Lord Justice Tuckey has quashed the arguments and said that compensation should only be ruled out where symptoms of a previous condition are exactly the same as those caused by the accident.
Mr Callaghan’s legal representative said: "Given the physical nature of fire fighting and police work this distinction is very important as people who work in these professions are more likely to be injured whilst at work."
Although employers are not expected to eliminate every risk in the workplace, they have a responsibility to implement measures to reduce the likelihood of injury.
Anyone hurt at work in an accident that was not their fault should seek legal advice.
Tags: Arthritis, Distinction, Emergency Planning, Emergency Services, Emergency Workers, Fireman, Landmark, Legal Advice, Legal Representative, Likelihood, London Fire, Lord Justice, Mr Callaghan, Physical Nature, Planning Authority, Police Work, Previous Condition, Professions, Services Staff, Tuckey
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December 17th, 2008
A woman who worked as an NHS nurse has received damages after the court of appeal ruled that her former employers were partly responsible for an injury she received.
Donna Jane Egan, 39, was a senior nurse at Manchester Royal Infirmary in June 2003, where she was using a hoist to lift a patient into the bath.
However, Manchester Evening News reports, the hoist became jammed and stopped suddenly, causing Ms Egan to seriously hurt her back.
She was off work for two years and although a previous hearing ruled that her employers were not responsible, she took further legal action.
Now, Lady Justice Smith has overturned that verdict, stating that the Central Manchester and Manchester Children’s University Hospitals NHS Trust was 50 per cent liable because it should had measures in place to avoid the accident.
Ms Egan will now be paid compensation that is likely to amount to tens of thousands of pounds.
There is legislation in place to ensure employers provide protection against workplace injuries. Anyone who has been injured should speak to a legal representative as time limitations apply on the claims process.
Tags: Central Manchester, Court Of Appeal, Damages, Hospitals Nhs Trust, Jane Egan, Lady Justice, Legal Representative, Legislation, Manchester Children, Manchester Evening News, Manchester Royal Infirmary, Measures, Nhs Nurse, S University, Tens Of Thousands, Time Limitations, University Hospitals Nhs Trust, Wins, Woman, Workplace Injuries
Posted in Personal Injury News | No Comments »
November 25th, 2008
A group of six cancer sufferers who opted to have their sperm frozen so that they could still father children but then saw it destroyed in a freezer accident are taking their case to an appeals court.
The samples were destroyed at Southmead Hospital, in Bristol in June 2003, spoiling their only chance of retaining their fertility, the Times reports.
Although North Bristol NHS Trust admitted a breach of duty, a judge ruled that the men should not receive compensation because the sperm samples were not a living part of their bodies and were therefore not eligible to make a case for personal injury.
However, some of Britain’s top judges are now to hear the case after the men sought legal action to appeal.
Their legal representative said: "This is a grey area but, looked at correctly, we say this is a classic case of personal injury."
The hearing is expected to conclude later this week.
Following the freezer incident, the Human Fertilization and Embryology Authority implemented new rules to safeguard frozen sperm, eggs and embryos in case of equipment failure.
Tags: Appeals Court, Breach Of Duty, Cancer Sufferers, Case Equipment, Classic Case, Eggs, Equipment Failure, Fertility, Freezer, Frozen Embryos, Grey Area, Human Fertilization And Embryology Authority, Legal Representative, North Bristol Nhs Trust, personal injury, Sperm Samples
Posted in Personal Injury News | No Comments »
