Cathedral sues NHS after £130,000 accident claim

Industry news roundup: week ended 30 March 2015:

A £130,000 accident claim has prompted a cathedral to sue the NHS for not properly treating the foot of a worshiper who was injured on church grounds.

So much for ‘turn the other cheek:’ Ripon Cathedral in North Yorkshire has sought to recover some of the £130,000 it paid out to worshiper Christopher Shepherd in a personal injury compensation claim after the man tripped and broke his foot just a few days before Christmas 2008. What looked to be an open-and-shut case of the cathedral being liable for the man’s injury soon blossomed into a major issue after medical negligence caused his foot injury to worsen to the point where Shepherd is now consigned to a wheelchair as he now has the inability to walk more than 100 yards without difficulty.

Ripon Cathedral agreed to pay out on Shepherd’s personal injury claims in 2013, but has since decided to try to recover its costs by bringing suit against the NHS. According to court documents, apparently Shepherd consulted with doctors at Harrogate and District NHS Foundation Trust twice – first on Christmas Eve 2008 and then again on January 13th of the New Year, but was only finally diagnosed properly on March 18th of that year. The cathedral’s personal injury lawyers say that the NHS doctors should be held responsible for not diagnosing Shepherd’s injuries properly causing a delay so long that the injured man needed surgical procedures to fuse the bones of his foot – an act that left him with severely diminished mobility.

Now this, to me, represents a perfect example of medical negligence. The poor bastard made two trips to see NHS doctors and both times he was simply brushed off. Meanwhile his foot simply got worse and worse until he needed the painful, mobility-limiting surgery.  For what it’s worth, the NHS had a serious role in the extent of Shepherd’s injuries and should pay the price.

I’m not saying that the cathedral is off the hook; the initial injury took place on cathedral grounds so there is at least a modicum of liability there. But if Shepherd had gotten the treatment he needed immediately instead of months afterwards, the results would have been much less painful for him – and that would have led to a much smaller legal bill for Ripon Cathedral!

 

Here we go again with that old compensation culture argument

Industry news roundup: week ended 16 March 2015:

Just when you thought it was safe to go back in the water, that old chestnut of ‘compensation culture’ bankrupting insurers has gotten trotted out once more.

If there’s one thing that drives me absolutely barmy it’s listening to insurance providers whinge on and on about how they’re being victimised by everyone. Every once and a while when they don’t feel they’ve gotten enough attention as of late they’ll begin crying about how ‘compensation culture’ is ruining their injury, pointing to increased personal injury claims and greedy, ambulance chasing personal injury lawyers just draining their coffers dry.

The refrain began again this week, with big-time insurer Aviva saying that even though the number of road accidents has gone down by 30 per cent, personal injury claims are up by 62 per cent. Not only that but the insurer said that a full 96 per cent of road traffic accident claims were brought not directly by injured parties but by personal injury lawyers or claims management companies.

Now I need to interrupt right here. Do these insurers really believe they’re fooling anyone with the idea that people legitimately injured in car accidents should be representing themselves? What man or woman in their wildest flights of fancy would be able to sustain a personal injury case against a deep-pocketed insurer like Aviva, especially if the case involves the kinds of injuries that can leave you without the ability to work for weeks or even months?

In a case like that, there’s only one type of person you should be turning to if you’re injured, and it’s a personal injury solicitor. They’re not bloody ambulance chasers simply because they represent people who can’t represent themselevs; yes, they rely on no win no fee agreements to get paid, but that’s because the majority of their claimants don’t have any damned money because they’ve been unable to work for months and they’re just barely squeaking by on savings – or on the largesse of their family members.

Yes, I suppose that insurance fraud is a problem. I’m sure it always will be. But insurers like Aviva, who want to make it harder for the injured to bring lawsuits against them with the aid of a lawyer, are only protecting their own interests at the detriment of others.

Cumbria County Council pays massive accident claims bill

Industry news roundup: week ended 9 March 2015:

Cumbria County Council – already not exactly awash in funds – has had to pay a painfully massive £1.5 million accident claims bill over the last three years.

To make matters worse, the lion’s share of the personal injury claims have been on slips and trips where individuals fell on council roads or footpaths. An eye-watering £1.3 million of the total went to these types of accident claims; luckily some 77 per cent of claims lodged against the local authority didn’t succeed. Can you imagine the total bill if more had?

Still, people are not exactly chuffed about the figure. In fact, James Airey, the council’s Conservative leader, is up in arms about the issue, as he says that the problems that caused all these personal injury compensation cases could have been solved. Airey says that it’s a management issue, as it takes weeks to get pavement problems mended after they’ve been reported – and while he wouldn’t go so far as to call the council dreadful, he did say that the enormous payout could have been used to fill in an awful lot of holes.

Now I really can’t argue with the man, especially when it comes to getting potholes filled. That £1.5 million could have easily been spent on hiring more workers and getting teams out to mend all these massive cracks and potholes that can destroy car tyres and turn ankles. I can’t imagine that it would have taken even a fraction of that payout amount to get everything done.

At the same time, Cumbria County Council isn’t exactly swimming in cash at the moment. It’s not like the payouts come from the council itself – its insurance company ends up footing the bill – but it does mean that the council’s premiums are going to go up. And these fees are paid for out of taxpayer money, so it’s essentially costing local residents even more as they have to pay for the poor maintenance twice over. It’s a wicked, vicious cycle that shows no signs of abating anytime soon – and I just find that a bit depressing, don’t you?