Feedback 2002

Set out below is a small selection of some of the feedback received during 2002.


Wayne Daniels was attending a hospital in Birmingham for a routine checkup.

As part of the checkup, he needed an injection. He was being attended to by a foreign doctor. To his disbelief, the doctor first stuck the needle into his own leg, before then injecting the client.

The client was speechless. Afterwards he suffered enormous distress at the possibility of contracting an infection. Subsequent tests revealed that he was clear.

This case illustrates sadly the reaction of most hospitals, when something is clearly wrong. Instead of making a full and frank admission, there was a sense of the medical profession "closing ranks".

Tabloid newspapers frequently complain about "greedy" lawyers suing the health service. But in my opinion the health service only has itself to blame, if it cannot admit fault when appropriate.


Lorna Draper was attending at a bowling hall in Leamington Spa. She was with a group of friends, and it was her 18th birthday.

She handed in her shoes, and she put on some special shoes provided by the bowling hall. While walking up to bowl, she slipped and fell, suffering dental injuries.

A claim was made against the bowling hall company, which was part of an international chain. They instructed a large firm of solicitors in Liverpool, who contested the case fiercely.

First of all we alleged that the shoes were defective. This was denied. Secondly we alleged that the wooden floor surface was excessively slippery. This was denied also. County court proceedings were issued. The defendants denied liability, and alleged contributory negligence. The litigation proceeded, and the defendants made an offer for both sides to bear their own costs if the matter was discontinued. We rejected this.

Eventually on the eve of trial, the opposing solicitors finally advanced settlement proposals, leading to settlement being achieved.

One of the noteworthy features of this case was the extent to which the legal costs escalated. If the defendants had advanced reasonable proposals at an early stage, these costs would have been avoided. As it was, the fierce nature of the litigation meant that the costs rapidly became disproportionate. Long after the client received her compensation, costs litigation continued, eventually requiring a hearing before a District Judge.


Richard Larman was undertaking maintenance work at a block of flats in Birmingham.

During the course of his work, he fell from a ladder and suffered a back injury.

A claim was made against his employers, on the basis that the ladder was defective. Liability was conceded at an early stage.

However as so often happens in back injury cases, the defendants tried to attack us on the basis of "causation". In other words, they tried to argue that the accident did not cause the full extent of the symptoms being experienced, which had their true origins elsewhere.

Eventually a suitable settlement was negotiated.


Henal Chotai was injured in a road traffic accident.

In legal terms there was nothing particularly remarkable about the case, but the client did seem particularly grateful once the matter was resolved and he received his compensation.



Boris Kremer, UK personal injury lawyer

 

© 2000-2010 Boris Kremer, UK personal injury lawyer, specialising in Work Accident Claims. Sitemap
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Senior Litigator of APIL, the Association of Personal Injury Lawyers. For more information on EU Health and Safety Law
generally please see the websites of the Health and Safety Executive, the Trades Union Congress and the European Union.
Boris Kremer, UK personal injury lawyer. Sovereign House, Solent Way, Gosport, Hampshire, UK. Tel: 0845 021 2222. Resources