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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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If you are on Bank staff working in a hospital and there is

Customer Question

If you are on Bank staff working in a hospital and there is no contract of employment or sickness or holiday pay and you are injured can you claim and is the hospital responsible.
I was on a shift looking after a patient with dementia and she smacked me in the face and bit me on the top of my arm really bad, which I believe could leave a scar.
I have been working on the bank staff at the same hospital for over 4 years.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me was this incident witnessed and documented according to procedures please.
Customer: replied 2 years ago.
Yes the incident was witnessed and documented.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. The hospital will only be responsible if they can be found to have acted negligently in the circumstances. In this case that may be quite difficult to show because this incident was as a result of a patient with dementia, which cannot be predicted and to place the blame on the hospital in the circumstances would be rather difficult. I do not see how they would be held responsible for the patient’s actions. Had this been an incident done by one of their employees, they would likely be responsible due to something known as vicarious liability, but in the circumstances it was not and it was a patient who due to their mental state, did something which was unpredictable and in reality cannot be attributed to the hospital’s negligence.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.