November 01, 2011
HEALTH OMBUDSMAN CRITICAL OF DUDLEY GP
NICOLA LEWIS, ASSOCIATE
Following reports that the Parliamentary and Health Services Ombudsman criticised the service provided by a GP to one of his patients, surprise has been voiced following the naming of the doctor involved. Dr William Hampson, of the Northway Medical Practice in Dudley was said to be lacking in empathy towards one of his (now former) patients.
Dr Hampson has been reported as refusing to provide treatment following an incident where the patient allegedly swore at a receptionist. The patient felt bullied into leaving the practice and has not returned since. The Ombudsman has reported that the GP should pay £500 redress following the incident.
Although this particular matter may not lead on to a civil claim for compensation, it highlights how the handling of complaints may not always lead to an honest and fair outcome for the patient.
Nicola Lewis, Associate | Medical Negligence
n.lewis@waldrons.co.uk
Wychbury Court
Two Woods Lane
Merry Hill DY5 1TA
Tel: 01384 811811
FOOTBALL AND THE LAW
ADRIAN WITT, PARTNER
For years the issue of what sort of hire car you can have if your own is off the road as a result of an accident, has been a moot point between lawyers and insurers.
The general principal in law is that someone who has been the victim of an accident in which their car is damaged and off the road while repairs are ongoing should both be allowed to hire a replacement car and that it should be a similar type of car to that which had been damaged.
Often this is not followed and there are many drivers who have driven around in one of the fleet of small cars provided as courtesy vehicles while repairs are being carried out.
Not so Darren Bent, the Aston Villa and England striker, whose own Mercedes AMG CLS 63R was damaged in an accident in 2007. It was off the road for about 3 months during which time, he had hired an Aston Martin DB9 at a rate of over £570 per day.
The insurers for the van driver responsible for the accident had agreed that he could have a “broadly similar” vehicle, but argued that the Aston Martin was excessive.
There Appeal Court judges have however agreed with Darren Bent and said that although the cost of the hire was undoubtedly high, it was in keeping with the legal principles that he was able to hire such a car.
Sadly this does not mean that if someone drives into the back of your car and yours is off the road for a while, you have freedom to go out and hire whatever you want at the expense of the other side’s insurer. It is however a clarification and reaffirming of the principal that as far as possible the law should return you to your pre accident position and that includes being able to drive around in an expensive car, if your own expensive car is damaged.
Adrian Witt, Partner | Personal injury
a.witt@waldrons.co.uk
Wychbury Court
Two Woods Lane
Merry Hill DY5 1TA
Tel: 01384 811811
CASE REPORTS:
Medical Negligence
£290,000 Compensation Following Negligent Treatment of Fractured Tibia
The Claimant was 31 years old when he fractured his tibia after falling from a motorbike. He required hospital admission and underwent several operations to try and reduce the fracture. Independent doctors said that the post-operative treatment of the Claimant was negligent and had made him worse than he should have been.
After two years of surgery and review, the Claimant was left with severe knee pain and required crutches when walking any distance. The Claimant was unable to return to his previous work as a plasterer and needs knee replacement in the future due to his injuries.
Court proceedings were taken before the matter settled with the Claimant receiving compensation of £290,000.
Personal Injury
Adrian Witt, Head of the Firm’s Personal Injury Department acted recently for a client badly injured in an industrial accident resulting in the loss of the index finger of his dominant hand as well as significant scarring to the hand.
The accident occurred at a factory in West Bromwich, when a pressure injection molding machine operated while the injured party was cleaning it out. The two parts of the machine came together crushing the claimants hand and trapping it there for some time, while at the same time spraying molten plastic into the machine and therefore onto his hand.
After a few days it was clear to the doctors that the damaged finger could not be saved and therefore the decision was taken that the finger had to be amputated.
Years of painful treatment, rehabilitation and further operations on the scarred hand followed.
As a result of the accident the Claimant was unable to participate in sporting and social activities, including being unable to play cricket.
It was not until two years after the accident however that the claimant contacted Waldrons to deal with his case which was successfully resolved with the injured claimant receiving substantial damages for the injuries and other losses that he sustained.
