We have all heard the horror stories of incidents that have gone wrong in hospitals – patients who have been left in appalling circumstances due to the negligence of NHS staff members, for example.  Even what would appear to be simple procedures have sometimes gone very wrong indeed. But why are these horrible circumstances so common? We would expect in this day an age that this kind of thing is not as common as it once was. However, it seems that most people know of someone who has been a victim of negligence from the NHS.

In 2006 the BBC covered a story on Baby with a Broken Wrist (source). Mr Hulme, 32, took his young daughter to the A&E unit at Frenchay Hospital, Bristol, following a fall. The Senior Doctor who examined Mr. Hulme’s little girl concluded that she was fine to return home with no further treatment following the clinical examination.
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It is believed that there are now over 2 million people driving on Britain’s roads without any insurance cover and Police figures have revealed that the number is increasing at an alarming rate every year. Figures show that in the whole of 2007 14,520 cars were seized in London, however the most recent figures show that last year 14,133 were seized between April and September alone.

Driving without insurance is a particular problem with young drivers aged between 17 and 21, with 1 in 5 driving without insurance. It is believed that this is mainly due to the cost of insurance for young people being too high and many believe that it should be made cheaper to try and encourage more people into getting insurance. This is the view of one driver, Mr. Gary Street, who was hit by a young uninsured driver on his way to work. Mr. Street suffered neck and back injuries in the accident which kept him off work for a month and the accident also affected him financially as he had to claim on his own insurance costing him £900 for his policy excess and his premiums have also increased as a result of losing his no claims bonus.
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This week, it has come to light that more than 200 patients treated at the Liverpool Women’s Hospital are suing one of the consultants there for negligent treatment.

The BBC states (source) that all the women went to the hospital for treatment for incontinence and have come out with symptoms significantly worse that they had before the operation. Some had minor urinary incontinence and left the hospital suffering with double incontinence affecting both their bladder and their bowels.

Incontinence is a common problem in the UK, particularly found in women following childbirth, but the fact that it is common does not lessen the serious effects that it can have on people’s lives. This is a humiliating condition which, when severe, can dictate what the sufferer is able to do. Many patients must forward-think their day to ensure that they are never too far from a toilet and some people can almost feel housebound by the condition.
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Who are the CICA?

The Criminal Injuries Compensation Authority is a government run body that provides a free service to people who have been the victim of a violent crime. They are responsible for administering the Criminal Injuries Compensation scheme in England, Wales and Scotland.  They are also a part of the Ministry of Justice and provide a service on behalf of the Scottish Government.

Do you qualify to make a claim through the CICA?

Before you consider making a claim, you will need to find out if you are eligible; this means that you will need to know if your circumstances fit the necessary criteria.  You will find specific information and advice which we as expert lawyers are more than happy to provide you!
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A recent case heard at the end of 2009 has ruled that by accepting ownership of land you owe a duty of care to the visitor of the land under the Occupiers Liability Act 1957.

The case of Jonathan Harvey v Plymouth City Council (2009) concerned the Claimant (Harvey) whom sustained serious injuries after falling on the Defendant’s property and falling some 5 1/2 metres. The Claimant had been out drinking with his friends when they ran on to the Defendant’s land. The Claimant fell over some broken fencing causing him to fall down in to the car park of a Tesco’s supermarket. The Claimant was left with serious brain injuries.

The local authority argued that they did not know that the property was owned by them at the time of the accident and therefore could not have taken reasonable steps to ensure that the land was reasonably safe. It is understood that some 8 years before Mr Harveys accident the Tesco’s supermarket had licensed the land from the local authority for a period of 2 years. After the expiry of this 2 years period the local authority (the Defendant’s to this claim) did not take any steps to inspect or maintain the land (although they did mow the nearby grass verge).
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Injuring ourselves can be quite an easy thing to do – there is a lot out there we can cut and bruise ourselves on! And of course when the injury is through no fault of our own, then a claim for compensation can be brought against the person or company deemed responsible for the incident.

But what exactly does this cover? Well, to be honest, it can cover absolutely anything we injure ourselves on! I would never have thought a simple zip could be the cause of an injury to a young child’s face, but according to sources from the Daily Mail (source), it certainly can…
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A woman died in a London health club when a lift that she was exiting suddenly fell and stopped between 2 floors, dragging her between the wall and the side of the lift. The woman was freed by the fire crew and rushed to hospital however she later died from her injuries.

The BBC reports that Mrs Katarzyna Woja was killed in the accident which happened in 2003 and the trial was due to begin on 09/03/10 at Southwark Crown Court. However, the company responsible for the maintenance of the lift, Thyssenkrupp Elavator UK, have now pleaded guilty to failing to ensure that people not in their employment were not exposed to safety risks, failing to maintain the lift properly in accordance with their obligations and failing to adequately investigate the cause of previous failures; offences which fall under the Health and Safety at Work Act.
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When you choose to eat out at a restaurant you expect a certain level of service, if this service isn’t provided it can often be quite annoying and unpleasant. You would also expect the food to be cooked properly and the presentation and maintenance of the restaurant to be of a satisfactory standard.

If you have ever been involved in an accident or were injured or harmed when eating at a restaurant, it might be worth considering making a claim for compensation.  For example, if you became ill after eating food that wasn’t prepared correctly you may have a potential claim for compensation. If you fell over due to the negligence of staff i.e. you slipped on the floor due to spilt water or you tripped over some unattended items, again, you may have a claim for compensation.
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Each year many children are treated in hospitals for many accidents, often as a result of the child’s immaturity, boisterous or reckless behaviour. Most of the time, no one can be held accountable for the accident other than the child themselves. Sometimes however, if preventative measures were in place, the accident may have been less likely to happen.

Children are very vulnerable and the law recognises this, placing their safety and well being in the hands of adults. If your child has been involved in an accident as a result of a negligent person, your child might have a claim for compensation; depending on the circumstances of course.  Children under the age of 18 will have to be represented by an adult. If you are unsure as to whether your child has a claim for compensation, it’s always worth investigating it with a specialist injury lawyer.
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The Sale of Goods and Services Act 1982 – it’s an important piece of legislation there to protect us against dodgy deals and faulty products; and the regulations involved are ones that all manufacturers and providers of goods and services must abide by. Failing to do so can leave them liable for any suffering caused by their negligence in failing to adhere to the regulations to a sufficient standard.

Now I myself have had bad experiences in the past of poor services and inadequate products sold to me, and I am certain that the majority of you reading this have as well! In fact, we at The Injury Lawyers have been at the mercy of our telecommunications providers who have provided a far less than satisfactory service to us with countless errors over the past few months; and you’d think with them being probably the biggest British provider that they would provide the best service in the country!
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