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Home > Medical negligence > Needlestick claims

 

Needlestick injury claims

How to make a claim following a hypodermic needle injury resulting from negligence

If you work in healthcare in the UK you may be exposed to the risk of needlestick injury on a daily basis. These injuries relate to wounds caused by stray or mishandled needles either whilst they are in use or when they have been unsafely discarded.

A "pin prick" may reasonably be classified as a minor injury in real terms but there is a risk of infection and a psychological element to such an injury that goes way beyond the significance of the wound itself.

Background

It is a well known fact that healthcare workers are most at risk of needle-stick injuries in the workplace. Healthcare workers do not only include clinical staff (i.e. doctors and nurses etc.), but non-clinical ancillary staff such as receptionists and ward clerks who may have social contact with patients. However, these are not the only group of workers that are vulnerable and needle-stick injuries also occur in other areas of work such as the police force and amongst youth workers, who are all constantly at risk.

According to the Health and Safety Executive, the main risk posed by needle-stick injury to workers is when the worker is exposed to blood-borne viruses (“BBV”). Whilst there are certain protective vaccines available, not all types of BBVs can be protected against. The most common way in which a BBV infection is acquired is when a worker is exposed to infected blood. For example, with nurses and doctors, this may be whilst carrying out a medical procedure where the skin is scratched or punctured by a surgical knife or needle.

A recent 7-year study was conducted by the Health Protection Agency (‘eye of the Needle’). The report clearly stated that needle-stick injuries were the most commonly reported type of exposure and the majority of incidents were amongst healthcare workers. The following extract was taken from the report and provides a clear indication of the number of needle-stick incidents within the healthcare profession:  

Percutaneous injury was the most commonly reported type of exposure 78% (1,664/2,140), with nursing related professions representing 45% (962/2,140) of the initial reports and medical professionals (doctors and dentists) accounting for 37% (793/2,140). If this is compared to the numbers of nurses and doctors practising, it suggests that within their professional group, there are a greater number of reported injuries among doctors”

The healthcare environment must be safe and have a system in place to deal with safe disposal and handling of hypodermic needles.

Circumstances which expose employees and others to the risk of needlestick injuries must be subject to a risk assessment.  The assessment must satisfy the requirements of the Management of Health and Safety at Work Regulations 1999.  Moreover, if the risk involves hazardous chemicals or microorganisms then the assessment must also satisfy the requirements of the Control of Substances Hazardous to Health Regulations 2002.

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Attention - NHS Workers Are you working for the National Health Service in either a qualified or non- qualified role?   If you are, there may be a right to re-claim wages that have been withheld through an unfair wage system.   Speak to our NHS low pay compensation claims team today

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