Using No Win No Fee Arrangements When Claiming For Clinical Negligence

Becoming a victim of clinical negligence (formally known as medical negligence) can be a devastating experience.  After all, it is likely that you were already in a position of physical distress, and this caused you to seek assistance from a healthcare professional. To have additional pain and injury caused by clinical negligence can set you back many months, or even years, in terms of recovery.

Fortunately, you can take control of the situation you find yourself in and ensure you receive adequate compensation for your personal injury, even if the healthcare provider who you believe was negligent denies that they caused your trauma.

There is help available.

What Do I Need To Prove Clinical Negligence?

According to the NHS Litigation Authority’s annual report, there were 10,129 claims of clinical negligence in the United Kingdom in the 12 months leading up to March 2013, a rise of 11% on the previous year.

In order to make a claim for clinical negligence against a healthcare professional, you will need to show the following:

1. The healthcare professional owed you a duty of care;
2. The healthcare professional breached that duty of care;
3. That breach has caused you harm; and
4. You have suffered injury, loss or damage as a result.

The first two points relate to the proving of negligence on the part of the healthcare professional, the second two points are about proving that their negligent act caused the loss or damage the claimant has suffered.  This can sometimes prove difficult in clinical negligence compensation claims, as the claimant must be able to prove that the subsequent injury, loss or damage was not related to or caused by their original medical condition.

Most no win no fee law firms will only take on cases where they believe that the claimant has a better than average chance of being successful.  Therefore, it is important to provide access to your medical records and give a full and frank disclosure of the situation when consulting a personal injury law specialist.

Examples of Successful Cases

There are many examples of successful claims being brought against a healthcare provider for clinical negligence in the media.  These include:

• £500,000 compensation for a man who suffered from brain damage due to negligent anaesthetic treatment.
• A woman who suffered a spinal injury later developed pressure sores due to sub-standard hospital care.  She was subsequently awarded £1 million.
• Compensation for young parents whose infant died after a staff member at a hospital misread the CTG scan.  Due to the failure of the scan being read correctly, a C-section was not performed until it was too late.
• £10.8 million awarded as compensation to parents whose child developed cerebral palsy and other debilitating conditions.  Staff at the hospital she was born in failed to notice her heart had stopped beating causing irreversible damage.  The compensation will be used to cover the child’s need for lifelong, 24 hour care due to the clinical staff’s negligence.

How to Make a Clinical Negligence Claim Using a No Win, No Fee Arrangement

If you have suffered from a loss or personal injury that you believe can be attributed to the negligence of the medial practitioner responsible for your care, then contact a personal injury solicitor who specialises in no win no fee claims.  They will be able to assess your position and advise you on whether you have a chance of making a successful claim for compensation.

If you would like to find out more, please click here or call us on 0333 400 4445.

Post-Traumatic Stress Disorder and Ambulance Workers

In April 2003, findings published in the British Medical Journal showed that emergency service workers are at high risk of developing post-traumatic stress disorder (PTSD).  The study questioned 617 personnel who worked for ambulance service, and it found that 22% suffered from some form of PTSD.

This is a troubling figure.  Ambulance personnel are required to attend situations that most of us could not begin to comprehend such as suicides, sudden infant death, and events such as the 7^th July 2005 London bombings, which resulted in gruesome and distressing scenes, too graphic to be shown in the media, but sights these brave individuals had to face head on.  It is vitally important that ambulance staff are supported fully in their workplace, to ensure they stay psychologically safe, not only for themselves, but for the wider community who rely on them in times of desperate need.

What is PTSD?

PTSD can be caused by a single one-off event or after being exposed to a series of traumatic circumstances.  In the First World War the condition was named Shell Shock. It was later to become known as PTSD in 1980s.  Its symptoms include:

• Hyper-arousal (always feeling on edge)
• Irritability
• Sleep disturbances
• Experiencing flashbacks
• Anxiety and depression

When left untreated, and in extreme cases, PTSD has led to the suicide of first response workers. After a series of suicides, the governments of British Columbia and Alberta in Canada introduced legislation which applies a presumption that any emergency worker suffering from PTSD is presumed to have acquired the condition as a direct result of their work.  This has made claiming for compensation and support easier.

Compensation for Ambulance Staff Suffering from PTDS in Britain

Historically, the British courts have been reluctant to award compensation to emergency workers who have suffered from PTSD due to having to attend a horrific event caused by a third party’s negligence.  This, coupled with claimants no longer having access to legal aid to fund personal injury claims, has meant successful cases remained few and far between until recently.

However, with the growing acceptance that PTSD is a serious, life-affecting illness, and the advent of no win no fee arrangements to fund claims, things are starting to change and emergency workers are beginning to achieve the compensation they deserve.

A tragic incident that has led to many developments in this area of law was the Hillsborough Football Stadium disaster in 1989.  Although these particular claims involved police officers present at the scene, the principles of the cases could be applied equally to ambulance workers.

Traditionally, the courts have divided people who claim for psychiatric injury after a traumatic event into three categories:

1. Those who are personally involved in the event who receive both physical and psychological injuries.  These victims are automatically entitled to claim for both mental and physical damage.
2. People are put at risk of physical injury and escape it, however, go on to suffer from physiological damage.  They are known as primary victims.
3. Individuals who are not in any physical danger, however, suffer from physiological injury, such as PTSD, because of the event they have directly witnessed.  These people are referred to as secondary victims.

One category of secondary victims is emergency service workers, who suffer from PTSD due to witnessing traumatic events whilst doing their job.  In the case of Alcock v Chief Constable of South Yorkshire which stemmed from the Hillsborough disaster, the House of Lords outlined ‘control mechanisms’ designed to limit the number of secondary claims which could be brought before the courts.  In order to qualify for compensation, it was held a secondary victim must prove the following:

“1. There must be a close tie of love and affection between the plaintiff and the victim.  2. The plaintiff must have been present at the accident or its immediate aftermath.  3. The psychiatric injury must have been caused by direct perception of the accident or its immediate aftermath and not by hearing about it from somebody else.”

The courts have not always been consistent when deciding on compensation claims for secondary victims.  For example, in the case of Chadwick v British Railways Board, decided prior to Alcock, the court did allow a secondary victim who assisted in rescuing people from a train crash to claim compensation.  In reaching his decision that the defendant did owe the claimant a duty of care, Waller J quoted Cardozo J in Wagner v  International  Railway Company 232 NY Rep 176, 180 (1921):

“Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognises them as normal. It places their effect within the range of the natural and probable. The wrong that imperils life is a wrong to the imperilled victim; it is a wrong also to his rescuer.”

However, a majority of the House of Lords declined to follow Chadwick in the case of White v Chief Constable of South Yorkshire. The claimants were police officers involved in the rescue at Hillsborough.  The officers claimed that their employers, the South Yorkshire Police, where negligent, and as a consequence they had developed psychiatric injuries after participating in the rescue of the victims of that tragic event.  Their Lordships held that the claim could not succeed because they were not in any physical danger, therefore they could not be seen as primary victims, and they did not satisfy any of the criteria which would have put them in the category of secondary victims. The Law Lords felt it was unfair to award compensation to rescue personnel, when many of the victim’s families were denied any form of compensation.

The tables were turned again in 2001 when a court awarded a police officer suffering from PTSD after Hillsborough £330,000 in compensation.

Unclear Precedents

In recent years, there have been a few successful claims by ambulance officers against their employers for not providing appropriate support for PTSD.  Although the law remains a little unclear, the respect and recognition that PTSD now receives will undoubtedly increase the likelihood of claimants being successful in gaining compensation to allow them to move on with their lives.

If you are an emergency worker and suffer from PTSD, which you believe was caused as a direct result of the trauma you experienced through your employment, then please contact us today.  We offer a no win no fee arrangement and have the necessary experience and expertise to bring forward your case and fight for your compensation.

No Win No Fee – What’s In It For Me?

The ‘no win no fee’ arrangement is one that can benefit a claimant in many different ways.  Unfortunately, because of a few isolated cases where individuals have been charged solicitors fees when their case was unsuccessful, many people are naturally suspicious when a law firm provides services on this basis.

This blog is designed to help you understand the no win no fee structure and inform you of the protections that are in place which prevent solicitors from charging undisclosed fees at the end of the case.

What is No Win No Fee?

Strictly, a no win no fee arrangement means that if your claim for compensation is unsuccessful then you will not be charged any solicitors’ fees.

Reputable law firms who deal with personal injury claims on a no win no fee basis will outline the charges that will apply to you in full and in writing if requested.  They will answer all your questions upfront and you will not receive any surprise charges at the end of the process, whether or not you are successful in your claim.

Some law firms require claimants to pay the court fees for themselves and the defendant, however, this should be stated clearly upfront so you have this knowledge before you engage the firm as your legal representative.  You should also be informed that you can take out insurance to protect yourself should your claim be unsuccessful.

Changes to the No Win No Fee Arrangements

No win, no fee arrangements were introduced in the 1990s to allow people who would otherwise be unable to access justice because of financial constraints, the ability to bring claims in court for certain situations such as personal injury.  The defendant was responsible for paying the claimant’s legal fees as well as court fees which could lead to a large financial burden being placed upon them.

From the 1^st April 2013 no win no fee cases were separated into conditional fee agreements (CFAs) and damages-based agreements (DBAs, sometimes called contingency fees).  If the case is unsuccessful then the lawyer is not paid a fee under either arrangement.

In the case of a CFA, if the claimant is successful then they are responsible for paying their lawyers fee, usually out of the compensation received.  In the case of personal injury the lawyer’s fee cannot be more than 25% of the total amount of compensation rewarded and any claims for future loss or damage cannot be taken into account.

Before 2013, DBAs were used mainly in employment cases and were not used at all in civil cases.  The changes which came into force in 2013 meant DBAs could be used in civil cases, including cases involving personal injury.  Like CFA claims the lawyer’s fee is capped at 25% of the compensation awarded and excludes any money from future claims.

The Law Society

The Law Society maintains a role of protecting the general public from incorrect or unfair solicitors’ fees.  If your case ends and you receive a fee that you were not made aware of prior to the beginning of proceedings you have a right to make a complaint to the Law Society who can sanction the firm or lawyer involved.

If you would like to talk about our no win no fee arrangements then please feel free to call our office to speak to one of our friendly advisors who can guide you through the process and answer all your questions.

Next week we will be discussing the various insurance policies available to protect yourself if your case is unsuccessful and cover your lawyers’ fees if you are.

Typically, customers pay 25% of the amount that is recovered. This can vary and maybe more or less. Termination fees may apply if you fail to co-operate with your lawyer.

No Win No Fee – No Insurance? How Taking Out Insurance Can Protect You in a Personal Injury Case

Continuing our series on ‘no win no fee’, this article discusses the insurance options available to claimants that provide protection against paying legal costs and expenses.

As mentioned in the previous blog , the no win no fee model was introduced in the mid-1990s in order to give people access to justice without the risk of having to pay crippling legal fees.

There are two types of insurance available that can assist litigants with legal expenses.  They are:

• Before the event insurance (BTE)
• After the even insurance (ATE)

Let’s look at each option in detail.

Before the Event Insurance (BTE)

Before the event insurance (BTE) is often purchased alongside other types of insurance such as car or household insurance and it provides protection in a similar way.  For example, when you insure your car, you are insuring against a hypothetical event happening, such as your car being stolen or being involved in an accident.  BTE insurance works in the same way, you purchase it in order to protect yourself in advance in case one day you are involved in litigation and have to pay legal costs.

Insurers offering BTE insurance will only pay if they believe that you have an above average chance of succeeding in your litigation claim and you cannot purchase this type of insurance if you are already involved in a court case.  It will cover your lawyers and court fees and expenses but it will not cover you for any compensation that you are ordered to pay if you are unsuccessful in defending your case.

People who have BTE insurance may prefer to take advantage of their policy rather than engage in a no win no fee arrangement.

After the Event Insurance (ATE)

After the event insurance (ATE) is usually taken out by the claimant’s solicitor, although it is also available to defendants.  ATE insurance is purchased at the beginning of a claim and normally covers the legal costs and expenses that the court orders the claimant to pay to the defendant if they are unsuccessful in their claim.  As with BTE insurance, you or your solicitor will need to convince the insurance provider that your claim has a good chance of being successful.

It is highly advisable to purchase ATE insurance when entering into a no win no fee arrangement, especially if, as a claimant, your contract with your solicitor requires you pay some or all of the court costs if you are unsuccessful in your case.

If you have taken out ATE insurance before the 1^st April 2013, the unsuccessful defendant is liable to pay the insurance premium.  However, if the insurance was taken out after the 1^st April 2013, the individual who has taken out the policy is required to pay the premium.

In Summary

Taking out litigation insurance offers further protection against being hit with legal costs if you fail in your claim to receive the compensation you deserve.  It allows more vulnerable members of society to have access to the law and the opportunity to fight for justice.

If you have any questions related to purchasing litigation insurance then please call our office on freephone 0333 400 4445 to talk to one of our friendly advisors who will explain the details in depth.

No Win No Fee and Access to Justice

Imagine you are an office worker or labourer, going about your daily business when suddenly a car knocks you down.  Or a pile of scaffolding falls on top of you.  Or you slip and break your leg on a wet supermarket floor.  The injury you suffer leaves you unable to work, the bills and mortgage payments are starting to fall behind, and you now have large medical costs to cover in order to get back to full health.

If you have found yourself in this sort of situation, it is only natural and often necessary for pure survival, to seek compensation from the party whose negligence caused your accident.  However, did you know that legal aid is no longer available for personal injury claims?  This means that if you wish to make a claim against the party that caused your suffering and injuries, you have to pay for your lawyer’s fees and court costs.  These can amount to thousands of pounds, and to make matters worse, if you lose your claim, you could be ordered by the presiding judge to pay for the other party’s court costs as well as your own.

The above scenario sounds rather grim doesn’t it?  But, thanks to the advent of no win no fee arrangements or a ‘conditional fee’ as they are sometimes known, the average person does not have to risk their savings or walk away from the prospect of fighting for compensation due to financial restraints.

No win no fee arrangements

From 1998, no win no fee arrangements have been available for all civil cases except for those involving family matters, in England and Wales.  This has resulted in a negative perception of personal injury law, with lawyers being accused of being ambulance chasers and newspapers regularly screaming out headlines with the words ‘compensation culture’ highlighted in bold.  However, the reality of the situation is compensation claims have levelled off and in some areas such as work place accidents and clinical negligence, the number of claims brought before the courts have dropped[1].

The stats

There are also claims that the emergence of no win no fee arrangements has created a risk adverse culture in our society whereby we “wrap children up in cotton wool” and employers are overburdened with health and safety prevention which depletes their profits.  However,  this argument can be turned on its head by the view that the advent of no win no fee arrangements has possibly led to a decrease in the number of individuals injured or killed because of the negligence of others.  As mentioned above, medical negligence and workplace injury claims have actually decreased since the mid-1990s when no win no fee arrangements were introduced.  Childhood accidents have also fallen sharply over the last two decades.  One could propose the theory that by making it easier for people to make claims for compensation ensures that businesses, schools and other organisations are kept in check and prevented from taking short cuts in health and safety in order to control costs.

No win no fee arrangements have allowed those who are at the most risk of exploitation, the very young, the very old and the disadvantaged, to have the ability to claim compensation from anyone whose negligent actions result in an injury to their person.  And very few individuals could dispute that this increased access to justice is not a positive development for society as a whole.

If you would like to find out more about no win no fee please contact us on 0333 400 4445 to talk with one of our friendly advisers.

We welcome any comments you may have on this post, please feel free to add your thoughts below.

Food Poisoning – How to avoid it

In April 2014 a Chinese Takeaway in Leicestershire was fined £4,500 for failing to clean up its “revolting” kitchen. The owner did not clean up the kitchen after previous warnings. He stated, “No-one complained of food poisoning from my shop, so I overlooked it.”

Every year, there are around 1 million cases of food poisoning, according to the Food Standards Agency. In most cases, food-borne illnesses are short, violent and nasty, leaving the victim weak and unwell for around a week.  However, in some cases it can be very serious.  Food poisoning contributes to around 20,000 hospital admissions and 500 deaths per year in the UK.

Of course, food poisoning is not confined to situations where people eat out in cafes or restaurants. It can also occur as a result of food prepared in the home.  To avoid the unpleasantness of a food-borne illness developing from your home-cooked supper always remember:

• Wash your hands before handling food, each time you handle raw meat, fish, poultry or eggs, and after using the toilet. Use hot, soapy water.
• Use separate chopping boards for meat and vegetable preparation (it is a good idea to have different colours for each board so you remember which board is intended for which task).
• Keep raw meat away from ‘ready to eat’ foods. Food poisoning often occurs when raw chicken is placed on a refrigerator shelf above a pre-prepared pudding or salad, resulting in the juices from the chicken dripping onto the prepared food, thereby contaminating it with bacteria. Because the contaminated, pre-prepared food is not heated / cooked before serving, the bacteria are not killed off and food poisoning can result.
• Keep your fridge temperature below 5°C.
• Cook food, especially meat and leftovers, properly, and until piping hot.
• Do not risk eating food, especially animal products (seafood, eggs, meat and dairy) after the labelled ‘used by date’.

Whilst you are in control of hygiene standards in your own home, how can you protect yourself from obtaining a nasty bout of food poisoning when you are eating out? Clearly it is not practical to inspect the kitchen yourself!

The best thing you can do is check the restaurant’s Food Hygiene Rating provided by the Food Standards Agency. Simply type in the name of the establishment you plan to visit and it will return a rating from 0 to 5, based on how closely the business is meeting the requirements of food hygiene law.

You can also read reviews of the restaurant or cafe you plan to dine in before you eat there.  In today’s online world, a case of food poisoning often reaches cyber-space in the form of reviews on sites such as www.tripadvisor.co.uk.

Here are some other steps you can take to protect yourself:

Pay Attention to the Cleanliness of the Bathrooms

Good restaurants and cafes take the cleanliness of their bathroom facilities very seriously.  If the rubbish receptacle in the bathroom is full and it looks like it has not had a decent clean in a while you might wonder how clean the kitchen is.

Avoid Buffets

Think about it, the food at a buffet is very vulnerable to inconsistent temperatures, and some restaurants are quite happy to let food sit out for hours without checking it.  Also, a lot of people touch the food and utensils with their unwashed hands.  If you do eat at a buffet, choose an early sitting.

Smell your food

If you detect a funny or unpleasant odour, inform your waiting staff immediately.  The food should smell fresh.

Speak up

In England we’re notorious for complaining vehemently to one and other about the quality of food in a restaurant, but when the waiting staff ask, “how was your meal?” we say, “fine, thank you”, then carry on grumbling to each other.  However, if your food is undercooked or lukewarm, send it back for your health’s sake.

Eating in an establishment that has one of these shortcomings does not necessarily mean you will contract food poisoning, but it is better to be safe than sorry.

Even a mild case of food poisoning can be extremely unpleasant.  If you have contracted it and believe it was someone else’s fault view our dedicated page, or contact us today to discuss your rights to compensation.

Post Traumatic Stress Disorder – Suffering in Silence

Although Post Traumatic Stress Disorder (PTSD) did not become an official diagnosis until 1980, its symptoms and sufferings have been with us for many centuries. For example, there are the cases of ‘shell shock’ during the Great War which are now known to have been cases of PTSD. Unfortunately for its sufferers, PTSD is still seen as a weakness by some and our society expects people who are involved in or witness traumatic events to just ‘get over it’ within a very short period of time.

One aspect that contributes to society’s lack of understanding is that very few people know what PTSD actually is. There is also the question why some people suffer from it after what seems a relatively mild trauma and others can survive a major event and have no symptoms at all. To address these two questions let’s look at the definition of PTSD.

What is PTSD?

According to the NHS PTSD is “an anxiety disorder caused by stressful, frightening or distressing events”. These can include being involved in or witnessing:

• Road accidents
• Violent physical or sexual assault
• Military combat
• Terrorist attacks
• Someone’s violent death
• Prolonged physical or sexual abuse or neglect
• Natural disasters

PTSD does not necessarily develop straight after the event. There have been many documented cases where a person has been involved in, or witnessed a traumatic event, and for months or sometimes even years, they have no symptoms of PTSD. Then, without warning, they suddenly start experiencing the classic signs of the affliction such as:

• Nightmares
• Flashbacks to the event
• Insomnia
• Difficulty concentrating
• Anger and irritability
• Avoidance and becoming ‘numb’ emotionally
• Feeling ‘on edge’ all the time

As scientists begin to understand this disorder, they are discovering that PTSD is nothing new and has been suffered by people throughout history. This goes some way towards dispelling the myth that people who suffer from PTSD are somehow ‘weak minded’ or ‘soft’.

For example, Thomas Heebøll-Holm, a historian at the University of Copenhagen, analysed three 14th century texts written by a French Knight called Geoffroi de Charny, who was also a diplomat and trusted adviser to King John II of France. After studying between the lines, Heebøll-Holm believes he can make a case for medieval knights suffering from some trauma due to their violent and relentlessly harsh lifestyle. Although the author showed no signs of PSTD, in his writing he often expressed concern about the mental wellbeing of other men. You can read more about his fascinating finds here.

Shell-shock is also a well known term, which was applied to soldiers during World War 1 who became hyper-sensitive to noise, dizzy, anxious and began to have tremors. It was initially thought these symptoms were brought on by neurological damage caused by exploding shells and gunfire (hence the term ‘shell-shock’). By 1916 more than 40% of all casualties were attributed to what seemed to be this new phenomenon, and around 350 men who displayed symptoms were executed for cowardice. We now know the horrors of trench warfare had an enormous emotional effect on veterans and 306 of the men who were executed received a group pardon for their alleged offences in 2006.

Why are some people vulnerable to PTSD and not others?

It is estimated around 50% of people will witness or be involved in a traumatic event at some point in their lives and thankfully, most people will cope well, even when confronted with horrendous situations. However, there are a percentage of people who never fully recover after a serious event. Many studies have been done to try and establish why some people, although they initially show some signs of anxiety, do OK in the wake of violence, natural disasters or car accidents and others develop severe, sometimes crippling PTSD.

There are biological differences between those who develop PTSD and those who do not. According to an article in the Nature Journal “functional magnetic resonance imaging (FMRI), which tracks blood flow in the brain, has revealed that when people who have PTSD are reminded of the trauma, they tend to have an underactive prefrontal cortex and an overactive amygdala, another limbic brain region, which processes fear and emotion”.

Environmental factors are also thought to play a part in people’s recovery from trauma. Study after study has shown that social and community support acts as a cushion against PTSD. Religious practice and having a strong purpose in life have also been shown to aide recovery from PTSD.

There is much work to be done to ensure people who suffer from PTSD are not dismissed or seen as defective in some way. Some have stated that even using the word ‘disorder’ in the name is offensive, as post-traumatic stress is a natural reaction to terrible events.

If you suffer or have suffered from PTSD we can offer you helpful legal advice which may assist your situation, for more information visit our Post Traumatic Stress Disorder page. If you would rather speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in our contact form and we’ll get straight back to you.

Keeping Your Child Safe at School

In April 2014, both the Manchester Evening News and The Yorkshire Post reported that schools in the Greater Manchester area and Yorkshire had paid out £1.5 million and over £1 million pounds respectively for personal injury claims.  Payouts included:

• £22,000 to a student injured in a school activity in Tameside
• £8,000 awarded to a pupil in Rochdale after goal posts fell on him
• £9,494 awarded to a child who was injured after being pushed by another child
• £35,000 paid to a student in Leeds who suffered a broken limb
• £16.000 awarded to a pupil injured during a science experiment

Wayne Dunning, from ELAS Health and Safety Consultants, who compiled the reports detailing school personal injury claims stated;

“These figures are shocking and clearly not enough is being done to protect children in schools from what are, in the main, preventable accidents. Health and safety is not being managed properly in the education sector and this is costing taxpayers millions, not only in direct compensation, but also additional hidden costs from administration. It’s clear from the nature of the accidents that many areas are being overlooked by school managers and teachers, not through any fault of their own, but because they haven’t received the necessary training required to identify the potential risks and hazards that may prevent an accident”.

Responsibility for safety standards

In light of these figures, parents maybe asking themselves, “who is responsible for safety standards at my child’s school, and what can I do if I feel that the standards are not high enough?”

According to the UK Government website, every school should have its own health and safety policy document.  Parents should be able to access and read this document at anytime.

Health and Safety Executive (HSE)

If your child is involved in an incident at school you can report it to the Health & Safety Executive (HSE) who will investigate the situation and may prosecute the school if they find there was negligence.

In June 2013 Manningtree High School in Essex was fined £9,000 and ordered to pay £1,641 in costs after pleading guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to adequately protect pupils against the risk of falls.  The incident in question involved a 14 year old pupil falling from a climbing wall while participating in lead-climbing, and fracturing his heel bone.  The HSE found that the school did not have an adequate safety management system in place for lead-climbing and that the instructor who was present was not competent to teach or supervise the activity.

Injuries in schools

According to HSE statistics slips, trips and falls account for around 40% of all injuries recorded in schools.

However, although it is important to keep children safe and protected from major harm, many adults react strongly to any push towards a “cotton wool culture” for children.  People recognise the importance of free play and the need for children to learn risk-assessment by actually taking the odd risk.

In 2012 the HSE released a high level statement emphasising how important play is for children’s development and wellbeing.  Its key message to play providers (which includes schools) was ‘Those providing play opportunities should focus on controlling the real risks, while securing or increasing the benefits – not on the paperwork’.

The balancing between the need to take risks in order to learn and keeping vulnerable children safe is something both parents and schools struggle to maintain.  However, you have a right to expect that your child will be safe at school and be protected from serious physical and psychological injury while they in their school’s care.

You could be entitled to make a personal injury claim, more detailed information can be found here. To speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in this contact form and we’ll get straight back to you.

Tips for Staying Safe Abroad

Most vacations are incident free and holiday makers return home with nothing more concerning than a little sunburn and those extra pounds they lost in preparation for their trip.

However, sometimes unfortunate incidences can occur abroad. So here is a list of safety precautions you can take to minimise your risk and increase your chances of returning home happy and healthy.

Take Out Travel Insurance and Keep Copies of Documents

Although it can seem like an extra holiday expense, if you become ill or suffer a personal injury overseas, travel insurance becomes worth its weight in gold.  According to the UK Foreign & Commonwealth Office, an air ambulance from the east coast of the United States to Britain would set you back £35-45000.00.

Many people believe they are completely covered for medical mishaps in Europe if they have an EHIC card; however, this simply covers basic medical costs and only in state hospitals.  It is worth having the added protection of travel insurance in case an unforeseen, major emergency befalls you.

Make sure you have copies of your passport, insurance and other important documents.  Keep one copy with a trusted person at home and one copy in the safe of your hotel.

Research Your Destination

Take some time to discover a little about the country you will be visiting. Is there a history of civil unrest?  Recently popular destinations such as Egypt, Thailand, Turkey, Greece and Ukraine (the ninth most popular tourist destination in Europe in 2012) have been affected by protests turning violent. In most cases holiday resorts are not affected, but if you are planning to visit the sights in major metropolitan areas, check with the Foreign & Commonwealth Office to see if there are any government warnings applicable to your destination.

If you are unlucky enough to find yourself caught up in a protest or riot, move to the edge of the crowd and from there walk away from the gathering.  DO NOT take any photographs or start filming. Protesters do not want to be identified and may take serious measures to remove your camera or phone from you. If you are in your hotel, remain inside, lock the doors, close the curtains and stay away from the windows.

Take Precautions When Buying Food and Drinking Water

Traveller’s tummy, Delhi belly, bacterial gastroenteritis, whatever name you give it, nothing will ruin your holiday faster than a bout of food poisoning.  Depending on its severity the experience can range from having to spend a few miserable days cloistered in your hotel room, to requiring medical treatment at the local hospital.

Food poisoning is caused by contaminated food and water.  The standards of food health and safety can vary greatly from country to country, but here are a few pointers that may help you avoid the misery of contracting food poisoning abroad:

• Check to see if the tap water in the country you are visiting is safe to drink. If it is considered unsafe, drink bottled or sterilised water and avoid ice.
• Do not consume food from street vendors.
• Research eating establishments on the internet or in travel guides and only eat in places which have been recommended.
• Eat your food piping hot.
• Avoid seafood, salads and dairy products in countries where cases of food poisoning are common.

Watch How Much You Drink and ALWAYS Keep A Close Eye on Your Glass

Holidays are meant to be a time when you can let your hair down and many people throw caution to the wind when they are on an adventure abroad.  However, when you are intoxicated your judgement becomes clouded and you are far more likely to become a victim of a robbery or an assault.  It is also worth noting that most travel insurance companies will not provide cover for any incidences which result from a person being intoxicated.

By keeping these few tips in mind you can relax and make the most of your holiday, with the knowledge that you have taken the necessary precautions to protect you and your family.  Enjoy planning your summer break.

You could be entitled to make a personal injury claim – for more information on making a poisoning claim, more detailed information can be found here. To speak to someone now about your claim, call us in complete confidence on 0845 345 4444, or fill in this contact form and we’ll get straight back to you.