Our client was involved in two accidents whilst working as a mental health nurse. In the first incident, the patient became aggressive and attacked our client grabbing, kicking and punching her from behind. The second incident, involved the same individual who further attacked our client by pouring a glass of water over her, forcefully grabbing her hair, pulling her to the ground and kicking and punching her again.
As a result of both attacks, our client sustained bruising, muscle damage, injury to the right knee, along with psychological injuries.
The case was particularly difficult as the insurers for the care home state that the patient involved suffered with personality disorders but were not known to be violent. Our claim was that there were insufficient members of staff to assist our client in helping to restrain the service user in question and those members of staff that were provided were not adequately trained. Further, our client was not aware of the previous history of the service user involved.
Court proceedings had to be issued on both cases as both cases were approaching the 3 year limitation date. This is the period of time within which a claim can be brought against the other side. An application was then made by us to the Court, for the service users medical records as the other side refused to provide these on the basis that they owed a duty of confidentiality to the service user in question, despite previously stating that the records reflected that the service user had a history of such behaviour.
Days before the application was listed for hearing, the other side put forward an offer to settle both cases in the sum of £1,000.00 which was rejected by the other side. A further offer of £3,000.00 was then out forward by the other side, which was a reasonable reflection of her injuries. The Claimant accepted the offer in full and final settlement of both her claims and was pleased that the claims had settled.