Hospital Toilet Injury Leads to Personal Injury Compensation

Settlement: : £3,068.52 

Legal team on the case: Justine Murtagh 

Case Type: Personal Injury

Case Overview:

Our client attended the Sexual Health Department of a Derby-based community hospital. While using the toilets, they flushed using the handle when it unexpectedly snapped. The handle penetrated the crease in their right thumb, causing a painful laceration.

Injuries and Impact:

Our client experienced significant bleeding and experienced a fainting spell during the incident. Immediate medical treatment was provided by the hospital to control the bleeding.

Physical Injuries:  

• Laceration: A cut between the thumb and index finger of the right hand, which eventually healed.
• Permanent Scar: A 13mm linear scar between the thumb and index finger, representing a minor cosmetic deformity. 

Psychological Impact:

The incident had an emotional toll, with our client experiencing heightened anxiety for several months. She developed concerns about the location of the accident, leading to a fear of using public toilets. 

Legal Support and Outcome:  

The process of this claim was not entirely straightforward; however, our solicitor Justine Murtagh, persevered, and we ultimately secured a successful settlement in our client’s favour. 

Initially, the hospital denied liability, arguing that our client must have applied excessive force and citing that no similar incidents had been reported previously. However, after further review, the defendant admitted liability. 

Despite the Third-Party Insurer (TPI) failing to provide a settlement offer, we proceeded by issuing the claim and submitting a formal Part 36 offer to the hospital’s solicitor, which is a formal attempt to settle the claim. After multiple follow-ups, the hospital returned an offer matching our proposed settlement amount. 

Although the process had its challenges, our client is relieved that the matter is now resolved and looks forward to using the settlement to help their son, who is approaching their 21st birthday, purchase a new car.

Have You Been Injured in a public place? You May Be Entitled to Compensation.

At Fletchers Solicitors, we work on a no win, no fee basis, ensuring you get expert legal support without financial risk.  Our employer & public liability solicitors  will assess your case, advise you on your legal rights, explain the responsibilities of the other party, and discuss the best course of action for your claim. Contact us today!

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