May 1st, 2009
A man who works as a delivery driver for Sainsbury’s has taken legal action against a couple after claiming that he suffered an injury while dropping goods off at their home.
Shiv Dutt Krishan, 47, took groceries to the home of Carolyn and Richard Mozejko after their son Aidan ordered them online, the Daily Mail reports.
Aidan came out to meet the driver and took the bags from him, but Mr Krishan fell backwards down a ramp near the back door as he turned to go back to his van.
He suffered a soft tissue damage to his left hand and had to be off work for a month.
Mr Krishan took legal action against the Mozejkos under the Occupiers Liability Act 1957, claiming that Aidan caused the accident by moving towards him and making him step backwards.
Sainsbury’s said it is urgently investigating the claim and the Mozejkos deny liability.
The Occupiers Liability Act 1957 states that property owners must take reasonable care that any visitors will be reasonably safe when carrying out whatever they were invited or permitted to do on that property.
Tags: Aidan, Back Door, Daily Mail, Delivery Driver, Groceries, Left Hand, Mail Reports, Occupiers Liability Act, Occupiers Liability Act 1957, Property Owners, Ramp, Reasonable Care, S Driver, Sainsbury, Soft Tissue Damage
Posted in Personal Injury News | No Comments »
April 30th, 2009
A couple are suing the NHS for failing to pick up their son’s physical abnormalities in the womb and therefore robbing them of their chances to have an abortion.
The parents, who cannot be named for legal reasons, had a 20-week abnormality scan at Blackpool Victoria Hospital, but claim that the sonographer performed in too light-hearted a manner and did not properly look for problems.
The child was born with severe mental and physical disabilities, but the couple claim that had they found out about this at the scan beforehand, they would have aborted the foetus, the Daily Mail reports.
As a result, they are suing Blackpool, Fylde and Wyre Hospitals NHS Trust for the ‘wrongful birth’ of their son, now 14, in the hope of being awarded a payout for his long-term care.
The trust denies liability and a hearing into the case is continuing.
According to BabyCentre.co.uk, about half of all major abnormalities will be seen on the 20-week scan. If a problem is found or suspected, an appointment will be made with a foetal medical specialist and options such as abortion or operations in the womb will be discussed.
Tags: Abortion, Appointment, Babycentre, Daily Mail, Foetus, Fylde, Hospitals Nhs Trust, Long Term Care, Mail Reports, Medical Specialist, Parents, Physical Abnormalities, Physical Disabilities, Sonographer, Suing The Nhs, Victoria Hospital, Womb, Wrongful Birth, Wyre
Posted in Clinical Negligence News | No Comments »
February 25th, 2009
A man who fought during World War II has said he may seek compensation after contracting both Clostridium difficile (C diff) and MRSA from stays in two different hospitals in Derbyshire.
Albert Marriott, 90, was taken to Clay Cross Hospital in June 2007 after a fall at home, the Daily Mail reports.
However, he developed an infection in his pancreas and was then struck down by the first of the superbugs.
Mr Marriott also sustained a fractured pelvis after falling out of bed in the Royal Chesterfield Hospital.
His daughter, Sue Davies, said that 20 months after first going into hospital, he has been left a shadow of his former self, is unable to get dressed and is unlikely to get better.
She said she has put in formal complaints to both hospitals and that the family is considering assisting Mr Marriott with a compensation claim.
"Hospital is a place you go in to be looked after, not where you go to get fractures and infections," Ms Davies commented.
Both hospitals said they are investigating the matter.
The testing of all hospital inpatients over the age of 65 with diarrhoea for C diff became a compulsory NHS practice in January 2008, when it became evident that many outbreaks were being disguised as Noroflu in the UK by hospital risk managers.
Tags: C Diff, Clay Cross, Clostridium Difficile, Compensation Claim, Cross Hospital, Daily Mail, Diarrhoea, Formal Complaints, Fractured Pelvis, Fractures, Hospital Inpatients, Hospital Superbugs, Mail Reports, Marriott, Ms Davies, Pancreas, Risk Managers, Sue Davies, War Veteran, World War Ii
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February 12th, 2009
The widow of a man who died after being exposed to asbestos has secured a payout of £700,000 after it was ruled that her late husband’s employer was responsible.
Susan Smith launched legal action against the Co-Op in Leicester, where Michael Victor Smith had worked as a foreman, the Burton Mail reports.
She claimed that Mr Smith’s work on ceiling tiles had led to him breathing in asbestos dust, eventually culminating in his death from mesothelioma in 2004.
Judge Oliver-Jones QC ruled that the employer was negligent in that it did not protect Mr Smith from the dangers of exposure and agreed to the compensation.
In related news, Gordon Brown announced this week that there will be an announcement "very soon" regarding compensation and pleural plaques.
Pleural plaques are damage to the inside of the lung and they can lead to mesothelioma. It has been argued that sufferers should have better access to compensation.
Tags: Asbestos Dust, Burton Mail, Ceiling Tiles, Gordon Brown, Lead, Led, Leicester, Lung Cancer, Lung Cancer Victim, Mail Reports, Mesothelioma, Mr Smith, Oliver Jones, Pleural Plaques, Related News, Susan Smith, Victor Smith
Posted in Personal Injury News | No Comments »
January 7th, 2009
The remaining members of a family touched by tragedy due to hospital negligence have been paid compensation for their loss.
Bethany Bowen, five, was taken to the John Radcliffe Hospital, Oxford, for a routine operation on her spleen in July 2006.
However, unbeknown to her parents Claire and Richard, the surgeon performing the operation was a trainee and the team had decided to use an untested piece of equipment on the child, the Daily Mail reports.
Bethany died on the operating table from a ruptured aorta. Tragically, due to stress, her father died of a heart attack 19 months later.
Claire Bowen launched legal action against the hospital, claiming: "If it hadn’t been for the arrogance of the surgeons involved, Bethany would still be alive."
The trust responsible for the hospital recently admitted clinical negligence and has now paid Claire and her two young sons £10,000 as an acknowledgement of their loss.
John Radcliffe Hospital is Oxfordshire’s main accident and emergency site and is the largest of the trust’s hospitals.
Tags: 19 Months, Accident And Emergency, Acknowledgement, Arrogance, Bowen, Clinical Negligence, Daily Mail, Heart Attack, Hospital Negligence, John Radcliffe Hospital, John Radcliffe Hospital Oxford, Mail Reports, Oxfordshire, Quot, Radcliffe Hospital Oxford, Routine Operation, Ruptured Aorta, Spleen, Tragedy
Posted in Clinical Negligence News | No Comments »
