Our client, approached Alisha Butler (director of Phoenix Legal Solicitors) to investigate a claim against Wirral University Teaching Hospital NHS Foundation Trust.
Our client was working as a health care assistant at Arrowe Park Hospital, based on the wards. A patient there had administered their own insulin injection and left their used needle out on a tray. The Trust had not provided this patient with a sharps bin to dispose of the used needle safely. Our client picked up the tray to move it but when doing so, the needle stabbed her through the thumb. The other staff working on the word were aware that the patient was self-injecting herself with insulin.
Our client immediately went to the hospital’s A&E department to get a hepatitis C shot. Hepatitis C is a virus that is most commonly spread through blood-to-blood contact, e.g., via sharing unsterilised needles. If the virus is left untreated, it can cause serious and potential life-threatening damage. Treatment requires several vaccinations; our client was told by the
A&E department in her work that she would need a second shot.
Shortly after the incident, our client secured a new job, meaning her employer had changed. When she was due for the next hepatitis C shot, she required, as stated by Arrowe Park Hospital, she got in contact with them to try to arrange this. To our client’s surprise, she was told by the hospital’s occupational health team that they would not provide it, as she was no longer an employee there. This caused our client unnecessary anxiety, stress, and worry. The hospital advised her to pay for it herself, however, paying privately for a hepatitis C shot was not an option for her.
Following receipt of the evidence, formal allegations were submitted to Wirral University Teaching Hospital. Their lawyers investigated the allegations and sent a formal response to us to admit liability. They acknowledged that the Trust breached its duty of care, and that the incident would have been avoided if safety regulations were adhered to on the ward, i.e., ensuring the patient had a sharps box to safely dispose of her used needle. We sent several offers to the defendants, none of which were accepted, so we then progressed to issue proceedings. Compensation was eventually agreed, but only after the Court listed the matter for a hearing, in the sum of £4,000.00.
If you’ve suffered a sharps injury in your workplace, our specialist team at Phoenix Legal are here to help. Things to remember when making a needlestick injury claim:
- You generally have up to 3 years to make a claim from the date of the injury
- You can claim on a No Win No Fee basis
- You can claim for both physical and psychological damage
It’s natural to feel wary about claiming against your employer. However, UK employment law protects you. You cannot lose your job for making a claim. If you’ve been involved in an accident at work that was not your fault, you have a right to peruse a claim for compensation.
Contact us now 0151 306 3694 or Email: ab@phoenixlegalsolicitors.co.uk