The worker was attacked working in a hospital in 2019
An NHS Trust has agreed to pay out six-figure compensation to a former healthcare assistant (HCA) after it failed to put in place appropriate safeguarding measures to protect her from a patient who should have been under constant supervision.
The woman, who does not want to be named, was violently attacked in February 2019 whilst working at a hospital.
The incident occurred when the worker approached a patient who identified himself as belonging to a different ward. But, as she prepared to escort him back, he hooked a walking stick around her neck, pulling her to the floor and knocking her unconscious.
Following her ordeal during which she suffered significant physical and psychological injuries as a result of the assault, including multiple fractures on the right leg below the knee to the ankle, the HCA instructed Thompsons Solicitors through her union membership with UNISON to bring a legal claim against her former employer.
Her legal team, led by Joanne Soccard, alleged that more should have been done to protect her, in line with the Trust’s own safeguarding policies, and that there had been a breach in their duty of care towards their employee.
The Trust later admitted full liability for the incident, with a police investigation into the incident also confirming that the patient, who had dementia, should not have been left unattended.
Whilst the case against the Trust has now settled out of court, with worker has since received a significant six-figure compensation package that reflects the significance of her injuries, her ongoing rehabilitation and therapy costs, and her loss of earnings, the severity of the attack continues to impact her even now.
Having initially returned to work in another department, she was unable to continue to meet the demands of the job due to her injuries. Following ten years of service she has since retired from the NHS.
Commenting on the outcome of the case, Joanne Soccard from Thompsons Solicitors, who represented the HCA throughout the legal case, said: “Our client has suffered greatly as a result of her ordeal which has left her with significant injuries that affect both her physical and mental wellbeing. It has also robbed her of a job that she once loved and had dedicated a significant proportion of her life to.
“Whilst nothing will ever make up for what she has been through, we are pleased to have been able to secure an admission of liability from the Trust, and a compensation package that will provide her with some level of security moving forward.”
The former healthcare assistant added: “The attack had such a significant impact on me. I loved my job, but I can’t do it now. I hope my former employer learns from my ordeal and ensures appropriate safeguarding measures are in place to protect other workers.”
Joanne Soccard from Thompsons Solicitors added: “Sadly we deal with many patients on staff attacks in the work that we do. It is vitally important that when such incidents occur, and particularly where safeguarding policies have failed to protect workers, that lessons are learnt, and appropriate action is taken.”