Man makes compensation claim after falling from window

Posted 02/11/2009

A pensioner is to pursue a compensation claim against North East Essex Primary Care Trust after suffering extensive injuries when he fell out of a first floor window at Clacton & District Hospital.

The incident, which occurred in March 2008, saw Charles Preston, 68, fall from a window which had not been fitted with a restrictor.

NHS standards state that windows in hospitals should only open 100mm, but the one that Mr Preston tumbled through could open 254mm.

The Trust had previously been ordered to undertake a review of its use of window restrictors, but had not done so.

As a result of his fall, Mr Preston, who is partially sighted, broke his pelvis, shoulder and coccyx.

He now plans to make a compensation claim and the Trust’s chief executive Paul Zollinger-Read told the Daily Gazette negotiations with the patient’s representatives to settle the claim would begin shortly.

The Trust has already been fined £10,000 after admitting to breaching Section 3(1) of the Health and Safety at Work Act 1974 in relation to the incident.

Ashtons Legal personal injury specialist Simon Davis comments: “There are strict regulations applicable in these circumstances. I am not surprised that the Health Authority is entering negotiations as to a proper figure to compensate Mr Preston”.