Needle Stick & Sharps Injury Compensation Claim Solicitors

A sharps injury or needlestick injury occurs when a needle or sharp instrument, including a syringe and a scalpel, penetrates the skin technically known as a 'percutaneous' injury. If the sharp or needle is contaminated with blood or other body fluid, there is potential for transmission of more than serious 20 illnesses, the main risk of which relates to blood borne diseases. Transmission rates depend on a number of factors including the robustness of the victim's immune system and whilst the rate of these injuries is high, the number of serious illnesses that are actually transmitted is relatively low. Our personal injury solicitors deal with compensation claims for negligence as a result of needle stick injury or sharps injuries by biologically contaminated equipment that results in disease, many of which are life threatening. Whilst this type of legal action may be classified as a medical negligence compensation claim there are numerous cases which are simply the result of an accident at work or accidents in public or private places where the complex issues of clinical negligence may not apply. If you would like free advice on needle stick or sharps injury compensation claims just use the solicitors helpline or email our solicitors offices and a specialist negligence lawyer will speak to you at length about your potential personal injury compensation claim without any charge and without any further obligation.

Time Limits

All legal actions for damages are governed by time limits and in general terms a personal injury compensation claim for a needlestick or sharps incident must be settled or proceedings must have been issued in a court of law within three years of the event that caused the injury taking place however there are important exceptions that apply to needle stick and sharps injury compensation claims as follows:-

• Time does not start to run until a minor is 18 years old which means that in all cases involving minors the time limit expires three years later on the eve of the 21st birthday.
• Time does not run against a mentally incapacitated person until full mental capacity is regained (if ever). In the case of a permanently brain damaged person who lacks full capacity there is effectively no time limit and proceedings can be taken at any point during their life.
• Time does not start to run until such time as the injury is discovered (with reasonable diligence). This means that if a victim is aware of a needle stick or sharps incident they should immediately arrange testing because in that case time runs from the event however if the needle stick or sharps injury went un-noticed then time only runs from subsequent diagnosis of the disease which may be many years after the general time limit has expired.

Needlestick Negligence

Wounds caused by sharps and needle stick injuries generally occur to healthcare professionals in well-defined circumstances and are almost always preventable. There are in excess of 80,000 such injuries within the NHS every year and more than half of all employees will sustain injury and risk from a needle or a sharp at some time during their medical career. The primary basis for a medical negligence compensation claim involving needles or sharps relates to personal injury caused by the transmission of potentially deadly diseases or the fear of acquiring a fatal disease including Hepatitis B, Hepatitis C and the Human Immunodeficiency Virus (HIV) resulting in AIDS. Potential clinical negligence cases generally arise as a result of defective product design, inadequate disposal of syringe needles, co-worker negligence or self-inflicted injury due to inadequate training. In addition to healthcare professionals the general public are at serious risk of contracting illness as a result of the tens of millions of hypodermic syringes given to intravenous drug users every year, many of which are infected and are discarded in an unsanitary manner causing serious health risks to those in the immediate area. Public health operatives who must clean contaminated public (or private) areas are also at risk, primarily from needlestick injuries caused by needles discarded by drug addicts. The only safe method of disposal is to contain sharps and needles in a reinforced 'sharps bin' ready for professional contractors to deal with them.

Work Injuries

Most sharps and needle stick injuries occur within a work environment which is not necessarily a medical facility. Employers, contractors and the owners of property have a legal duty to take care of the welfare of their employees and of any visitors to their premises. An employer has a legal duty to carry out risk assessments relating to any potentially hazardous procedures and is required by law to take reasonable steps to eliminate or mitigate the risk to an acceptable degree. Where risk cannot be entirely eliminated it is incumbent on the employer to provide adequate safety equipment including protective clothing and a safe system of work.