Julia Graham had been employed at Malton Hospital and Scarborough Hospital as a sonographer since1997. As a result of one of her colleagues taking off for a period of time due to an illness in 2007, Mrs Graham experienced a workload that was greatly increased when her colleague was not replaced.
Mrs Graham had to repeatedly lean forward and twist her body to perform ultrasound procedures on patients in the course of her work as a sonographer. She would contort her body to work the apparatus whilst using her left hand to input test results. Mrs Graham had to take time off work shortly after she began to develop pains in her right shoulder near the end of 2007. Her sharp shoulder pains returned when he came back to her previous high workload, even after extensive physiotherapy.
Once more Mrs Graham took time off work – this time she underwent a surgical procedure in the summer of 2009 to correct the issue. However her pain returned once more after she took up her old duties as a sonographer, resulting in medical staff deeming her permanently unfit for work.
As a result Mrs Graham has filed a personal injury claim against the NHS. Mrs Graham cliaims that the NHS failed in their duty to her by causing her to work a workload that had become increased greatly and then neglecting to reduce her workload after being informed of her work injury. Additionally Mrs Graham states that the NHS failed to carry out a full risk assessment on her position as well.
The NHS Litigation Authority has come forward to admit that there is partial liability on the part of the NHS for the injuries Mrs Graham suffered. However the NHS legal group argues that Mrs Graham was a contributing factor to her injuries by failing to managing her own workload.