Nurse awarded £100,000 for back injury

A nurse who claimed she sustained serious back injury while lifting patients in Bantry Hospital was awarded more than £100,000 damages at the High Court yesterday.

The court was told Ms Catherine Nyhan O'Sullivan, of Shandrum, Drinagh, Dunmanway, Co Cork, would be unable to return to traditional nursing as a result of her injuries, but was capable of light nursing duties. She could also build an alternative career in counselling.

Mr Justice Smyth found the Southern Health Board two-thirds responsible for the injuries sustained by Ms O'Sullivan, while she was one-third responsible.

He awarded general damages of £159,046 less one-third (£53,015), giving total general damages of £106,031, plus special damages and costs. The general damages figure includes damages for two operations on her back and for loss of earnings.

The SHB had denied the allegations of negligence and pleaded contributory negligence on the part of the nurse.

In his judgment, Mr Justice O'Sullivan said Ms O'Sullivan, represented by Mr James O'Driscoll SC and Mr Tom Fallon, had claimed she sustained severe personal injuries due to her exposure to heavy lifting of patients while working as a nurse at Bantry Hospital in 1991.

While she was fully trained in lifting techniques, she claimed she was placed in a situation where she had to lift patients with the assistance of an untrained domestic staff member.

She claimed that on September 19th, 1991, she had to lift eight to nine patients. The beds were not adjustable, and there was no hoist available. The only person available to help her was a female member of the domestic staff.

Ms O'Sullivan said she felt pressure in her lower back that day which worsened with each patient she turned. The judge said Ms O'Sullivan had told the domestic staff member when to do the lifting but had not reprimanded her when she failed to lift in the correct way. The SHB had argued that the domestic worker should have been reprimanded and instructed how to lift correctly. If that had happened, the injury sustained by Ms O'Sullivan could have been avoided.

Mr Justice Smyth said he was satisfied Ms O'Sullivan had sustained an injury to her back on September 19th, 1991. He detailed a number of operations which she had undergone since, including one for a prolapsed lumbar disc, and outlined evidence from medical witnesses that she is still experiencing symptoms and was unlikely to resume an active life. He had been told she should not resume traditional nursing but could do light nursing.

An independent consultant on safety at work had also given evidence that lifting patients was a skill, and training was vital.

The judge said that, when the plaintiff's evidence had finished, the SHB had not called any evidence. In those circumstances he was satisfied that the lifting and turning of patients was unsafe and dangerous when carried out by an untrained domestic assisting a trained nurse.

He found the defendant guilty of negligence in failing to provide a safe system of work and a safe place of work.

He found Ms O'Sullivan, as a trained nurse, could have taken more care for her own safety by insisting that a qualified nurse help her when lifting and ensuring the domestic was aware of the need for lifting in unison. It was probable she contributed to the accident in failing to take reasonable care for her own safety.