Jonathan Herbert, specialist clinical negligence and personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured compensation for an elderly claimant who was injured when he was knocked to the ground by a wheeled refuse bin which had been overfilled.
The claimant in this personal injury claim was a 76-year-old man who attended Maidstone Hospital, Kent, for a routine eye clinic appointment. He was in the entrance hall of the hospital when he was knocked to the floor by an overfilled wheeled refuse bin being pushed by a hospital porter. As a result of this fall, the claimant lost consciousness and required several stitches to his face. He suffered cuts and bruising to his knees and forearms and suffered a whiplash-type injury to his neck.
He was kept in hospital overnight. The claimant never recovered his pre-accident level of functioning because he lost confidence and he became virtually housebound. He was no longer able to be left alone in the house and could not move from room to room without a walking-stick.
Jonathan Herbert obtained an admission of liability at an early stage from the defendants, the Maidstone and Tunbridge Wells NHS Trust, but they disputed causation and quantum. A report was obtained from a consultant in geriatric medicine and he concluded that the accident had caused the claimant to lose confidence. He advised that a course of physiotherapy and occupational therapy might assist in increasing his mobility. A settlement figure was eventually agreed between the claimant and the defendant, to compensate the claimant for his pain, suffering and loss of amenity.
Jonathan Herbert specialises in cases involving personal injury and clinical negligence. If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury or clinical negligence, contact Jonathan at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.