Medical negligence

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  • keithdc
    keithdc Posts: 459
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    The other issue here relates to what sort of 'medic' did you see?
    In some situations, a 'medic' is a first aider with a silly title.

    As such, if the employer had reasonably risk-assessed that level of 'medical' coverage as being adequate and the 'medic' acted in accordance with their level of training (which may be a lay person with a one-day first aid course), then it may be tricky to prove that they breached the duty of care.

    If you felt you were so ill for a week, why didn't you seek advice elsewhere?
  • I am unsure of the procedures for the medics. It often seems to depend on the medic. Some are known for sending you to hospital for minor issues, others not so much.


    They generally do err on the side of caution though, and coughing blood would IMO warrant further inspection by a doctor, if only to cover yourself as a medic.


    I suspect a lot of this case depends on the documented procedures and whether they were followed.


    It is very complex, and it is in the solicitors hands. I wont be instructing them or changing anything about my case from the advice of some potential internet crackpots haha :) but as I say, it is good to get other points of view. Especially from strangers on the internet... you guys are unbiased and give better opinions than my friends who seem to think I want them to tell me I am dues millions.


    Yep, the black dog left around 4 months ago now. Off medication and no more therapy. Was having some bother regarding pay after that as you know, but that's sorted too.
  • Keithdc -


    "The other issue here relates to what sort of 'medic' did you see?
    In some situations, a 'medic' is a first aider with a silly title"



    The environment offshore means we don't have any doctors as such. Some guys used to be paramedics, others nurses, others army medics etc. All have some level of medical training higher than standard first aid. How much higher, I don't know.

    "As such, if the employer had reasonably risk-assessed that level of 'medical' coverage as being adequate and the 'medic' acted in accordance with their level of training (which may be a lay person with a one-day first aid course), then it may be tricky to prove that they breached the duty of care."


    The only comparison I can make to this is that the first medic said I was fine, the other realised I wasn't. My condition hadn't worsened to such an extent in those hours between seeing one to the other that the first would then have realised something was wrong.

    "If you felt you were so ill for a week, why didn't you seek advice elsewhere?"


    There is nowhere else to go, otherwise I would. We are isolated offshore on an oilrig, the only way to see a doctor onshore is if the medic says you go. He/she is the only person who can make that call (more or less).


    After seeing the medic and he said to go back to work, my managers who are not medically trained told me that they would not allow me to work, they could see I was not well. Several times I went back to see the medic on the same day, explaining that my manager wont let me work (and I really couldn't function too well anyway).


    Each time he said I was fine and sent me back out. I saw the second medic purely by luck, I was flown over to another platform as part of my duties, that is where I saw the second medic. In his opinion it could have been dire if I hadn't seem him and been treated.
  • lincroft1710
    lincroft1710 Posts: 17,543
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    So the person you are trying to sue is not a qualified medical practitioner?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710 - I am unsure of his medical qualifications. He would have had to fulfil the HSE requirements to be in the role. According to this site - https://www.myworldofwork.co.uk/my-career-options/offshore-medic the criteria is -
    • Provide 24-hour medical care for the crew
    • Carry out routine health checks
    • Treat illnesses and minor wounds
    • Keep accurate medical records
    • Train other people on the rig in first aid
    • Order new supplies of medicines and equipment
    • Carry out health promotion activities
    • Advise on health and safety issues
    • Arrange for very ill people to be taken back to land for treatment
    He did not carry out the last point there. Also, according to MS39, The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989, it says -


    OFAR requires employers to provide suitable equipment, facilities and personnel to enable first aid and/or medical treatment (under the direction of a doctor) to be given to employees if they are injured or become ill at work. Regulation 5(1) states that:




    [FONT=Helvetica Neue LT,Helvetica Neue LT][FONT=Helvetica Neue LT,Helvetica Neue LT]‘The person in control of an offshore installation … shall - (a) provide, or ensure that there are provided, such equipment, facilities and medications and such number of suitable persons as are adequate and appropriate in the circumstances for rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work; (b) provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for giving


    Source - http://www.hse.gov.uk/pubns/MS39.htm



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  • lincroft1710
    lincroft1710 Posts: 17,543
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    Is the medic is an employee of the oil co.? If so then shouldn't the oil co. be sued rather than the medic? If he is not an employee then does he have professional indemnity insurance?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Lincroft1710... yes, apologies for the confusion regarding who is being sued.


    - The platform I was on at the time is owned by company X.
    - I work for company Y who employed company X to allow us to use their platform.
    - On advice of my managers and the union I decided to sue company X following what happened.
    - The solicitors were contacted and started the ball rolling.
    - It turns out that the company I work for (Y) indemnifies company X.
    - It is now the company I work for which is being sued. It was never the medic personally.
  • [*]Arrange for very ill people to be taken back to land for treatment
    [/LIST]
    He did not carry out the last point there.

    Well........

    You say that, but bear in mind that you WERE taken back to land for treatment once it was determined that you were "very ill". So maybe that particular medic didn't carry out the last point, but your employer DID!

    Your symptoms, as per the NHS website, were consistent with a chest infection or something similarly milder. And you can't really treat a chest infection with antibiotics, so you probably wouldn't have been given anything (translation: "Fobbed off"). Just have to wait 1-3 weeks for it to run its course.

    So I'm a bit skeptical about there being negligence in the initial stages. But it could have been in the later stages.
  • You are right, I was taken back to land eventually so my employer did do their duty in the end. Its interesting to see other view points for this and appreciate all your input. I will be sure to update once its done!
  • lincroft1710
    lincroft1710 Posts: 17,543
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    I think the only thing you can do is to wait and see what happens now. There's nothing you can do personally to push matters along. Just be patient and not too optimistic
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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