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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I work in a private hospital where I had a heart attack.

Resolved Question:

Hello I work in a private hospital where I had a heart attack. They carried out an ECG and they told me I had not had a heart attack. My blood pressure was very high and I knew that I'd had a heart attack because I felt I was dying. I think the heart attack happened just prior to me alerting one of the nurses. After they carried out the ECG I was left on my own in a room and was left to drive myself to A&E.
I have raised a grievance and they have upheld the fact that a member of my family should have been called, an Ambulance/taxi to take me to A&E. Do I have a case against my employer.
Submitted: 3 months ago.
Category: Law
Expert:  Jenny replied 3 months ago.

Hello my name is ***** ***** I am an employment lawyer and I am happy to help you today. How long have you worked for the employer for?

Customer: replied 3 months ago.
19 months
Expert:  Jenny replied 3 months ago.

Hi Yvonne, what kind of claim are you looking to bring? Do you believe that you actually suffered additional harm as a result of your family not being notified/ the delay in the heart attack being diagnose or recognised?

I do hope you are feeling better now?

Customer: replied 3 months ago.
I don't know what kind of claim. Misdiagnosis failure in duty of care. The fact I was left on my own and was left to drive myself to A&E. I need to move on from the experience but am finding it really difficult. I cannot go back to my place of work. I have not heard from anyone, my Manager, HR.
Expert:  Jenny replied 3 months ago.

The difficulty for you is your length of service. From an employment law point of view you can only claim constructive dismissal if you have been employed for at least 2 years. In order to do this, even with 2 years service, you would have to prove that the action of the employer was so bad that you have no alternative but to resign.

You could also argue that it is a breach of duty of health and safety but unless you can establish that you suffered actual harm as a result of them leaving you on your own and having to drive yourself it is hard to see what damages can be established. Again in a personal injury claim you need to prove actual harm as well as the duty of care.

I really do understand that this has been very upsetting for you but I am not sure it is going to be easy for you to bring a claim against your employer in these circumstances.

Is there anything further you would like to know about this?

Expert:  Jenny replied 3 months ago.

Hell Yvonne, is there anything further you would like to know? If I have answered your question I would be grateful if you would take the time to leave a positive rating as I am not otherwise credited for my time. Thank you and all the best.

Customer: replied 3 months ago.
basically, they just get away with it. If it had of been a patient that was treated the way I was, totally disregarded like I was an inconvenience, they would have a case against them. I'm 63, used to be a Social Worker, took this job to make my life easier and thought it would see me through to my retirement .the position they have put me in is disgusting.
Expert:  Jenny replied 3 months ago.

Are you saying they are responsible for your heart attack or for any current ill health?

I really do understand why you are upset but there is no claim unless their actions have caused actual harm. This would be the same if you were a patient. Personal injury law requires the following elements, duty of care, actual harm (caused by the failure of duty of care), financial loss.

In your situation there is no doubt there is a duty of care, it is just that I do not think you can establish actual harm or loss arising from a breach.

I am really sorry that this is not the answer you were hoping for but it would be wrong of me to say I think there is a claim when I do not think there is. I do not make the laws.

Please let me know if there is anything further you would like to know.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Sorry Jenny but what about the emotional stress this has caused me. When you think you are dying and being told 'you are not having a heart attack' and left on your own. This is a hospital after all.
Customer: replied 3 months ago.
you don't have to be so rude!!!

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