£340,000 claim against States by health worker

Rita Maria Goncalves Fontes was working as a health care assistant on Hanois Ward when she assisted a patient with going to the bathroom.

Case papers lodged with the Ordinary Division of the Royal Court state that the patient was a high-risk male Alzheimer’s patient who had a history of aggressive and challenging behaviour.

Ms Fontes was with two other staff members, another health care assistant and a registered nurse.

She said she had hold of one of the patient’s arms while the other assistant took the other one. When the patient was on the toilet, the other assistant let go of his arm and he lashed out at Ms Fontes, punching her ‘with significant force’ on her upper right shoulder.

She fell back and her head and right shoulder hit a wall and a wall-mounted plastic towel box.

As a result, she says she sustained soft tissue injuries to her shoulder and upper arm, a direct soft injury to the back of the head and cervical spine and also to the region of her right shoulder blade.

The court papers said that she also suffered a traction injury to her right shoulder joint, comprising a tear of part of a tendon.

Ms Fontes had continued to experience pain, and had developed depression as a result of the profound change in her life caused by the incident.

‘The plaintiff contends that it was inappropriate and/or unreasonable for the patient to have been kept in the ward with the plaintiff because of his unpredictable and aggressive behaviour,’ said the cause.

‘The matters complained of were caused by or materially contributed to a breach of statutory duty and/or negligence by the defendant, whether on its own actions and/or those of its employees acting in the course of their duty.’

It goes on to outline particulars of the claims of negligence and breach of duty, citing 15 specific failures including failing to provide ‘reasonably competent’ colleagues to assist in the task, and failing to provide adequate training and reasonable care.

A total of £341,836.65 is being claimed, with £35,000 of that for pain, suffering and loss of amenity resulting from the injuries, with £306,836.65 claimed in special damages in lieu of future losses resulting from the injuries including past and future loss of earnings, medical expenses, travel expenses and collateral benefits.

The matter has been placed on the pleading list by the Ordinary Division of the Royal Court, and the States has 28 days in which to file its defences.