A midwife has been awarded £185,000 in damages with the support of the Royal College of Midwives (RCM) after suffering serious injuries while responding to an emergency call at work.
The RCM member was injured while working a night shift at a hospital in the North of England. In the early hours, she received an emergency call and immediately responded by running to assist.
However while running through the hospital, she lost her balance and fell onto her left side, sustaining significant injuries.
Running to emergency calls had become an accepted practice within the department, with staff expected to respond as quickly as possible.
But there had been no risk assessment or measures to protect staff, despite the obvious risks involved in staff running through a busy hospital environment. The onus was left on staff to conduct their own “dynamic risk assessment” in each situation.
As a result of the fall, the midwife suffered a serious fracture to her right humerus, alongside bruising and injuries to her knee and left great toe. She continues to experience ongoing pain and loss of function in her right shoulder, symptoms which are now likely to be permanent.
Although she had been planning to retire shortly after the incident, she had intended to return to nursing on a part-time basis. Because of the injuries she sustained, she has been unable to return to work.
The judge ruled that the trust had breached its duty of care by failing to provide a safe system of work and by not carrying out adequate risk assessments around responding to emergency calls.
The judge concluded that while there may be occasions when running is necessary, employers should ensure appropriate risk assessments and training are in place so staff understand when it is safe and appropriate to do so. The judge also ruled that the midwife had not contributed to the accident, noting that she had been responding in line with accepted practice and was wearing suitable footwear.
Following the ruling, damages of £185,000 were awarded to the RCM member.
The member said: “I’m very happy with the outcome of the trial and could not have proceeded with the claim without the support of the RCM and the expertise of Thompsons Solicitors.”
Lynn Collins, Director of Representation and Organising at the RCM, said: “The case highlights the importance of employers ensuring that clear safety procedures, risk assessments and training are in place when staff are required to respond to emergency situations.
“It also demonstrates the value of the RCM’s legal services, which supported the member throughout the case and successfully secured compensation for her injuries.
“The RCM hopes the outcome will also support workplace health and safety representatives in ensuring lessons are learned and similar incidents are prevented in the future.”
