Hip op patient receives compensation after pin is left in

May 7th, 2009

Hip op patient receives compensation after pin is left in

A man has received £4,000 in compensation after a piece of medical equipment was left inside him following an operation.

David Bould, 54, went into the University Hospital of Hartlepool in April 2008 to have his hip replaced due to general wear and tear.

Originally, it was thought that the operation had been a success. However, an x-ray revealed that the guide pin had been left inside Mr Bould’s body.

He had to go for another operation to have the equipment removed, which he claims caused him unnecessary suffering.

"To be told that they had made a mistake and would have to operate again was a huge shock," he commented.

Mr Bould took legal action against North Tees and Hartlepool NHS Foundation Trust and has now secured £4,000 in compensation. A spokesperson said procedures have now been changed to avoid such incidents happening in the future.

Anyone who has suffered as a result of a medical practitioner not exercising what is seen as a normal standard of care and skill may have good grounds for a clinical negligence claim.
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A compensation claim ‘is worthwhile if you have been hurt’

January 27th, 2009

A compensation claim is worthwhile if you have been hurt

People should not be put off making compensation claims for personal injury because they think it will be too difficult or that they will be unlikely to win.

This is according to an article from the Independent, which recommends taking on "Goliath" if something negative has happened that was not the victim’s fault and which resulted in an injury.

"If someone else’s mistakes have lost you money or the ability to make it, it could be worth pursuing a claim … especially in an economic climate like this one," the piece suggests.

It adds that claims can be made for anything from an uneven paving stone to a mistake in hospital and that the amount paid out will depend on the injury sustained, as well as the evidence of financial loss, present or future.

Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be started within three years of the date of the accident, after which the claimant will lose the right to bring their claim.

However, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings.



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Police payout for woman injured by patrol car

November 26th, 2008

Police payout for woman injured by patrol car

A woman who was reversed into by a police car has been paid compensation for the injuries she suffered.

Teslyn Braithwaite was walking along a footpath in 2005 when she saw a police car reversing and paused to let it pass.

However, the car stopped and Ms Braithwaite continued along the road, the Manchester Evening News reports.

It then continued reversing, hitting the retired nurse – then aged 67 – and causing her injuries to her leg, hip and neck.

Ms Braithwaite pursued a claim against Greater Manchester Police GMP and the force has now paid £22,046 in compensation.

She commented: "I feel vindicated by the judge’s decision. I don’t think the policewoman who did this is fit to be behind the wheel."

A spokesperson for GMP said the driver of the police car had to undergo a refresher course but has now resumed full driving duties.

During pursuits and emergency calls, police officers can break some traffic laws if they have to. But they are legally obliged to drive carefully and, if they make a mistake, they can be prosecuted.

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Police face damages claim after court ruling

October 7th, 2008

Police face damages claim after court ruling

A family are to seek damages from Kent police after it was ruled that a speeding police car was responsible for a young woman’s death.

Rachel Cheesewright, 29, was killed in 2005 when she pulled out of a junction and her vehicle was hit by a police car travelling at over 100 miles per hour.

The original investigation by the Independent Police Complaints Commission (IPCC) ruled that the death was accidental and that there was insufficient evidence to bring charges against the police officers.

However, following a three-year fight, Ms Cheesewright’s parents and fiancé have achieved justice as a judge ruled that the speeding police officer was "100 per cent at fault" for Ms Cheesewright’s death.

A compensation payout will be given as a result, which will ensure the financial security of Ms Cheesewright’s 11-year-old daughter, Kent News reports.

Kent police are expected to appeal the decision but would not make any further comments on the case.

During pursuits and emergency calls, police officers can break some traffic laws if they have to. But they are legally obliged to drive carefully and, if they make a mistake, they can be prosecuted.
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Man may launch legal action after alleged clinical negligence

September 17th, 2008

Man may launch legal action after alleged clinical negligence

A man who was wrongly told he had terminal cancer is considering launching legal action against the hospital responsible for the mistake.

Andy Lees, 72, went into hospital for tests and was told he had cancer of the lungs and liver.

He then spent £6,500 making funeral arrangements, as well as giving £12,000 of his savings to friends and family.

However, he was then told he did not have cancer, but was in fact suffering from chronic obstructive pulmonary disease.

Mr Lees said he has been left penniless by the misdiagnosis.

"We just presumed that the doctor would be right. Now I am broke. I am definitely considering suing the hospital," he commented.

An investigation has now been launched by NHS Lothian as to how the errors occurred.

Clinical negligence occurs when a professional in the health service provides care that is deemed to be below standard and this causes physical injury, death or distress.

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.
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