A care worker was physically attacked by a patient suffering from Alzheimer’s disease, resulting in severe injuries to her wrist and psychological symptoms. Her successful claim against her previous employer resulted in over £220,000 compensation for her injuries, suffering and associated losses.

Failure to Assess Risk

During 2006 Mrs. B was grabbed by a male patient and restrained by her left wrist, which was twisted during the struggle. Liability was strongly disputed by her employer. However Croftons maintained that her employer was negligent by failing to make suitable and sufficient assessment of the risks to the health and safety of their employee, particularly the risks posed by the patient and judgment was entered in favour of the claimant in 2008.

Jeff Palmer, the Crofton’s Partner acting for Mrs B said “The major psychological impact of the assault was largely agreed by both parties, but there continued to be a serious disagreement about the cause of the physical injuries to our client. The Defendant’s medical expert expressed the opinion that Mrs B’s wrist problems were due to a rare congenital abnormality, even though she had been completely symptom-free until the assault".

Finally both parties agreed it would be best to instruct a mediator to help resolve the claim, and in early 2010 settlement was agreed.

Source: NFPS Ltd

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