August 12th, 2009

A man who narrowly escaped death on a construction site is to receive compensation after a judge ruled that his employers were responsible.
Chris Costelloe had been standing in a skip full of concrete, giving directions as it was delivered in September 2005, the Irish Herald reports.
However, while he was radioing to colleagues, the cable snapped and the skip fell 40 feet to the ground, taking the victim with it.
Mr Costelloe was taken to hospital, but was found to have suffered only minor injuries.
However, he took legal action against Castlepark Construction and Stafford Tower Cranes for their negligence, claiming that the injuries he did sustain to his hands had prevented him from carrying out everyday tasks and playing in his brass band.
Mr Justice Matthew Deery this week ruled that Mr Costelloe should be paid £17,167 in compensation for the suffering he was caused.
"I am satisfied he is a genuine witness whose life has been very disrupted over the last four years," he remarked.
Employers are required by law to protect their workforce under the Work at Height Regulations 2005 and should avoid designating tasks high above ground where possible. If it is unavoidable, they should take appropriate measures to prevent falls.

Tags: Brass Band, Colleagues, Concrete, Construction Site, Costelloe, Everyday Tasks, Feet, Irish Herald, Measures, Minor Injuries, Mr Justice, Negligence, Suffering, Tower Cranes, Witness, Workforce
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August 10th, 2009

A man is taking legal action against a Florida hotel after he contracted potentially fatal Legionnaires’ Disease while on holiday.
Gary Ewans had taken his family to the Quality Suites Hotel in Orlando, but became one of four people to contract the bug.
He was only diagnosed upon his return to Sheffield’s Royal Hallamshire Hospital and was then off work for a month. Mr Ewans claims that he has still not returned to full health.
"This was supposed to be a fantastic family holiday in the Florida sun but instead I ended up in hospital with a potentially deadly disease," he commented.
It is claimed that the hotel was poorly managed and that the pool was rarely cleaned. Mr Ewans has launched a compensation claim against it in a bid to be remunerated for the suffering he was caused.
According to the Health and Safety Executive, Legionnaires’ Disease is a potentially fatal form of pneumonia that is caused by the bacterium Legionella pneumophila.

Tags: Action Man, Bacterium, Compensation Claim, Deadly Disease, Family Holiday, Fantastic Family, Florida Hotel, Florida Sun, Full Health, Health And Safety, Health And Safety Executive, Hotel In Orlando, Legionnaires Disease, Pneumonia, Pool, Quality Suites Hotel, Royal Hallamshire Hospital, Sheffield, Suffering
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April 30th, 2009

A man who was left permanently brain damaged after hospital staff did not properly treat him for a head injury is to receive more than £1 million in compensation.
Joseph Neale, now 65, fell from a skip in summer 2002 and was taken to North Tyneside Hospital.
Although he was examined by staff, it was not noticed that Mr Neale had bleeding on the brain and he was placed on a general ward.
It was only when Mr Neale’s condition began to deteriorate overnight that he was rushed to Newcastle General Hospital for emergency treatment.
Unfortunately, it was too late to repair the injury and Mr Neale was left with permanent brain damage and now needs 24-hour care.
His daughter Helen Todd took legal action against Northumbria Healthcare NHS Foundation Trust, which has now agreed to a seven-figure payout to cover Mr Neale’s care.
"It is incredibly distressing to see someone you love in that condition, but for it to have happened as a result of someone else’s errors makes it even more galling," she commented.
As with all compensation claims, the clinical negligence (including the misdiagnosis of a medical condition) must cause further injury, pain or suffering in order for the case to be successful and a payout to be made.

Tags: 1 Million, 1m, Bleeding On The Brain, Brain Damage, Clinical Negligence, Daughter Helen, Emergency Treatment, Foundation Trust, Head Injury, Helen Todd, Hospital Staff, Left Brain, Medical Condition, Misdiagnosis, Newcastle General Hospital, Nhs, North Tyneside Hospital, Northumbria, Suffering
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March 25th, 2009

The parents of a Down’s syndrome man who died after he was not fed in hospital for 26 days are to be paid £40,000 in compensation for the suffering they were caused.
Martin Ryan, 43, was taken to Kingston Hospital after a stroke in 2005, but doctors did not realise that neither a stomach nor a nasal tube had been connected.
He went without food for 18 days until this was spotted, by which time he was too weak for a feeding tube to be connected. He died 26 days after being admitted to hospital.
An investigation by the Health Service Ombudsman discovered a lack of communication between a consultant and ward sister and said that Mr Martin may otherwise have survived.
It ordered Kingston Hospitals NHS Trust to pay £40,000 in compensation to Mr Martin’s family.
"We are very angry that the staff who did that to him are not named and brought to justice. Until they are I will never feel that he has had justice," his mother Vera commented.
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 and anyone affected should seek legal advice as soon as possible.

Tags: Clinical Negligence, Doctors, Feeding Tube, Health Service Ombudsman, Injury Death, Kingston Hospital, Kingston Hospitals, Lack Of Communication, Legal Advice, Martin Ryan, Mother Vera, Parents, Stomach, Stroke, Suffering, Ward Sister
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February 11th, 2009

A family is taking legal action against their tour operator after falling ill on what should have been a four-star break.
Lee Simm and his wife Susan went to the Royal Park hotel in Bulgaria with their three children last year, the Manchester Evening News attests.
However, shortly after their arrival, they began to suffer vomiting, diarrhoea and high fevers.
They are now suing First Choice for the suffering they were caused, as well as to pay them back for the meals they bought from restaurants after being too afraid to eat at the hotel.
"First Choice reps said it would cost £50 for each of my children to see a doctor and that no other help was available. It ruined our holiday," Mr Simm added.
A spokesperson for First Choice has assured the family that the illness was due to a norovirus outbreak, which was most likely brought into the resort by a traveller.
However, the operator has removed the Royal Park from its brochures.
British tourists who suffer from an accident, personal injury or food poisoning while on holiday can sue their tour operator provided that the holiday was a package which includes travel and accommodation.

Tags: Accommodation, British Tourists, Brochures, Diarrhoea, First Choice, Food Poisoning, High Fevers, Hotel In Bulgaria, Manchester Evening News, Norovirus Outbreak, personal injury, Royal Park, Royal Park Hotel, Simm, Spokesperson, Suffering, Tour Operator, Traveller, Wife Susan
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