James Cahan, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured compensation for a carer to who required a discectomy surgery after rupturing a disc in her spine when transferring a patient.
The claimant in this personal injury claim was a 31 year old woman who was working as a carer when she sustained a ruptured spinal disc when transferring a patient from a wheelchair to a car which was unsuitable.
It was later confirmed that the claimant had a prolapsed disc in her spine as a result of the manual handling manoeuvre. She required a discectomy surgery and was unable to work in any job involving manual handling and was therefore precluded from continuing work as a carer.
James Cahan, solicitor acting for the claimant, obtained a report from a consultant spinal and trauma surgeon who confirmed that whilst the claimant suffered from pre-existing degeneration in her spine, that the index event had caused an acceleration of her condition by five years.
It was argued that the defendant had been negligent in failing to provide the claimant with a safe system of work and by failing to carry out a suitable and sufficient assessment of the risks of her health and safety. The claimant had informed the defendant on numerous occasions that her car was not a suitable vehicle as it had not been suitably adapted to the defendant’s needs. The defendant had also failed to provide any equipment to assist with transferring her from her wheelchair to her car or visa versa.
James was able to negotiate an out-of-court settlement to compensate the claimant for her pain and suffering and her loss of earnings.
If you would like to ask James a question about a potential case, or if you have a general query about any personal injury, contact James on 01892 701289 in confidence.