Tag: Cognitive Behavioural Therapy

Care Home Fined after Elderly Resident Choked to Death

Image of meatballs on a plate

A care home has been fined after an incident in which an elderly resident choked to death on food that had not been cut into appropriate sized pieces.

Incident

Mrs Margaret Humphreys was a resident at Marlborough House in Fleet, Hampshire at the time of the incident. Mrs Humphreys’ family had arranged for her to stay at the care home and had provided staff with ‘clear’ instructions explaining that her food needed to be cut into very small pieces so that she would not choke. Her family had provided the instructions both verbally and in the form of a laminated card.

HSE Investigation

Health and Safety Executive (HSE) inspectors found that staff at the care home had served Mrs Humphreys with a meal of uncut meatballs.

The HSE investigation also confirmed that staff had failed to carry out a suitable assessment of Mrs Humphreys prior to her admission to the home. This assessment would have identified the danger of Mrs Humphreys choking on uncut food.

Sentencing

After failing to discharge the duty imposed upon them by Section 3(1) of the Health and Safety at Work etc Act 1974, Craysell Limited, of Hoppingwood Farm, Robin Hood Way, London, was fined £80,000. The company was also ordered to pay costs of £19,631.

HSE inspector Andrew Johnson said after the hearing:

“This was a completely avoidable tragedy. The home was informed in the clearest terms that if Mrs Humphreys was presented with food that was uncut, she would choke, this crucial information was ignored.

“Had Marlborough House properly assessed Mrs Humphreys, the risk of her choking would have been identified and measures put in place to control this risk.

“This case sends out a clear message to the care home sector, illustrating the importance of listening to residents’ family’s instructions and to also properly assess and provide the same standard of care to respite residents as they would to permanent residents. This tragic case must act as a reminder of the importance of properly assessing new residents and that vital information must be properly communicated to care staff.”

Personal injury claims – expert advice

We are the personal injury experts. If you think you may be eligible to claim compensation following an accident that wasn’t your fault, get in touch today. Call us on 0800 888 6 888 or send an email to info@hh-law.co.uk for your FREE initial consultation.

Source: Health & Safety Executive

Head Trauma in Sports

Chris Nowinski is a retired WWE wrestler better known by his stage name, Chris Harvard. He was forced to retire in 2007 following a head injury sustained during a wrestling match.

His documentary “Head Games: The Global Concussion Crisis” premieres in London, Tuesday 11th March.

Head injury

Nowinski was kicked in the head by Bubba Ray Dudley (real name Mark LoMonaco) during a wrestling match in 2003. He suffered 5 years of post-concussion syndrome, which included headaches, sleepwalking, and memory problems.

In the USA, the law ensures that young people and their parents are educated regarding the risk of sport-related concussion. However, no such laws exist in the UK.

Nowinski says:

“This isn’t just an American football problem, this isn’t just a boxing problem. All of these sports that involve a lot of brain trauma are putting athletes at risk.”

Nowinski is currently campaigning for greater education in the UK over the risk of sports related head injuries.

The documentary will also be available online and on DVD.

Head and brain injury compensation claims

If you have been affected by a sports related head injury, and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com

Source: View Article

Injuries whilst skiing or snowboarding – What is your right to claim for compensation?

Around this time of year – as the weather draws in and the cold really hits – many people take the opportunity to head to Europe for a skiing or snowboarding holiday. Unfortunately, accidents are all too frequent, and not everyone returns in one piece. These accidents can often result in personal injury – an example of a personal injury taking place during recreational activities is the recent high profile case involving Michael Schumacher.

The question is this: “do you have the right to claim compensation for an injury suffered whilst skiing?”

Injuries suffered whilst skiing could be the result of a variety of factors. It is worth mentioning that a number of these injuries could be due to personal error – an individual attempting a slope beyond his or her own ability, for example. However, a good proportion of incidents occur due to no fault of the injured individual. Examples of where liability for a skiing accident could lie include faulty equipment, the negligence of other skiers, and professional negligence on behalf of a skiing instructor. Many people may consider an injury suffered while skiing to be an unfortunate aside to a fun adventure, yet there may justifiable grounds on which to seek compensation.

The most common – and successful – type of claim is brought under a piece of legislation called ‘Package Travel, Package Holidays and Package Tours Regulations, 1992’. This provides the claimant with the right to pursue a claim where the tour operator is deemed to have been at fault (subject to eligibility – for instance, the holiday must be a package holiday). This law affords the claimant the right to bring a claim in the UK, meaning that any damages awarded will be in fitting with the standard UK basis. This avoids the potential for disputes to arise over issues such as jurisdiction and the level of damages to be awarded – and also resolves any issues over the application of foreign law that could lead to the involvement of foreign lawyers.

In all incidents involving skiing, it is important to gather as much evidence as possible (e.g. the details of the parties involved, the circumstances under which the accident occurred, etc.). Advice from a solicitor should always be sought in order to discuss your best possible prospects of success.

If you have been injured in an accident whilst skiing or snowboarding, contact Hampson Hughes Solicitors – we will go the extra mile to ensure that you receive the maximum compensation to which you are entitled.

For advice on all areas of Personal Injury, call Hampson Hughes Solicitors today on 0800 888 6888.