Elgin’s Dr Gray’s Hospital takes its name from Alexander Gray. He was born in Elgin but died in India in 1807, having spent over 20 years working as a surgeon for the East India Company. He had amassed quite a fortune and he bequeathed the bulk of his estate to his native town. The sum of £20,000 (probably equivalent to more than £1 million today) was allocated “for the establishment of a hospital … for the sick and the poor”. Gray’s next of kin contested the will and it was not until 1814 that a court declared the money to be free for use to buy a plot of ground on the west side of the town. Building went ahead from the following year and the (then, 30-bed) hospital opened on 01 January 1819. 1814 was an important year for the future practice of medicine in Moray but it was also an important year in the wider medical world. 1814 was also a significant year in relation to the diagnosis and treatment of wrist injuries. In 1814, Abraham Colles (1773–1843), an Irish surgeon who Continue Reading
Pre-Action Protocol For Personal Injury Cases Becomes Compulsory
Shops in Scotland began charging 5p for single-use plastic carrier bags on 14 October 2014. Under the previous free-of-charge system, Scots were using around 800 million new bags a year. Scottish Government figures for 2014/15 show that the new law resulted in an 80% drop in plastic bag issue - equivalent to around 650 million fewer bags. It is becoming second nature for shoppers to take a bag with them from home. As a result, the spin-off benefits are obvious - for the environment and the good causes receiving donations collected from the bag tax. Having to pay the penalty of a 5p charge, if you don't provide your own bag, has transformed plastic bags from a nice-to-have optional item into a "don't leave home without it" necessity. The fact that plastic bag provision by supermarkets has dropped by 80% since the bag tax came in suggests it is not an exaggeration to say that we now regard providing your own bag as compulsory. Personal injury claims in Scotland are also Continue Reading
How can you tell if someone has been negligent?
July 1999 was a momentous month for Scottish golf. The British Open returned to Carnoustie for the first time since 1975. More importantly, Paul Lawrie became the first Scottish winner since 1985 (and is still the most recent Scottish winner of a major). However, that championship will also be remembered for all the ‘wrong’ reasons French golfer, Jean van de Velde, snatched defeat from the jaws of victory, throwing away a 3-shot advantage on the final hole. At the 18th, a par 4, he could have taken 6 shots and still won - but he took 7, in fact holing a decent putt just to get himself into the playoff which he eventually lost. His play on the final hole is true ‘car crash’ television as he seemed to regress to beginner standard in dealing with the rough, a bunker and a water hazard. One author has classified van de Velde's problem as one of 'overthinking' In his book “The Art of Thinking Clearly”, Rolf Dobelli explains that skills involve an element of instinct and feeling. Continue Reading
The Influence of European Law on Personal Injury Claims in Scotland
'What have the Romans ever done for us?' is one of the most quoted scenes from Monty Python's iconic film, Life of Brian. John Cleese as Reg, leader of The People's Front of Judea, poses the question at a secret meeting of the group, expecting no or few positive responses from his colleagues. This, he hopes, will reinforce the group's resolve to overthrow their 'pointless' and unwelcome rulers. Instead, their brainstormed list of the benefits of Roman occupation grows and grows, with great comic effect. Exasperated, in an effort to bring the discussion to an end, Reg snarls: 'Alright - but apart from sanitation, medicine, education, wine, public order, irrigation, roads, the freshwater system and public health ... what have the Romans ever done for us?' (The next and final answer, before the meeting is suddenly interrupted by a threatening knock on the door, is: 'Brought peace'). The serious point, well made by this film scene, is that the influence of the Roman Empire in the Continue Reading
Lifting Operations Accident In Moray Firth Harbour Caused By Confusion In Communication
Confusion in communication is a common cause of accidents. It seems to have played a central role in a serious incident on the coast of the Moray Firth, recently reported on the Health and Safety Executive (HSE) website. A worker suffered facial and hand injuries as a result of an accident in Wick Harbour in January 2013 Brian Reid (‘R’), who was employed by a subcontractor, was lowered into the hold of a ship in a man riding basket lifted by a crane. Wind turbine components were to be unloaded from the ship. R was removing sea fastenings to enable the unloading to take place. Hugh Simpson (Contractors) Limited (‘HSCL’) was in charge of the lifting operation. Neither the basket nor R could be seen by the crane operator whilst R was in the hold of the ship The employee of HSCL who was in charge of lifting operations on the day was on the deck of the ship to provide a communication link between R and the crane operator by means of hand signals. After R had removed one of the sea Continue Reading
Manual Handling Accidents
In rural California in the mid-1980s, Mike Yurosek had a problem which was common to all carrot farmers. More than half his crop was going to waste because it was considered too ‘ugly’ for retail. Carrots which were malformed, crooked or too large were written off as unsaleable and consigned to the bin. After some experimentation and some false-starts with different cutting implements, Yurosek settled on an industrial green-bean cutter, which cut the second-class carrots into regular 2-inch pieces. Unsure as to the reaction he would get, he sent a free bag of the alternative carrots with the usual delivery to one of his local retail clients. Next day, they called him to say that from then on they only wanted the new design of carrots. Yurosek had invented the ‘baby carrot’. In so doing, he lifted the carrot industry out of a rut. By 1987 – the year after his discovery – carrot consumption in the U.S. had risen by 30%. In the decade to 1997, carrot consumption doubled. Continue Reading
Supermarket Slipping Accidents
Growing up in the U.S. in the middle of last century, Irving Naxon’s mother told him stories of her own childhood in a small village in Lithuania. Every Friday afternoon, she took a pot of uncooked stew to the local bakery, where it was placed in the oven. While everyone observed the Jewish Sabbath on the Saturday, the dish simmered in the slowly cooling oven. By evening, it was cooked to perfection and ready to be collected and eaten by the family. Naxon was inspired by this story and, throughout the 1950s and 1960s, sought to develop a way of cooking which was both economical and environmentally friendly. His invention was the Naxon Beanery – a pot surrounded by a heating element which mimicked the cooking method from the Eastern European bakery. The ‘slow cooker’ was born. When Naxon retired in 1971, he sold his business. The new owners refined the cooker’s design and renamed it the Crock Pot. Today, crock pots are integral to American cooking: they’re low-effort, efficient and Continue Reading
Can You Get 100% Contributory Negligence?
As a chocolate lover, my taste is more for milk chocolate and white chocolate than for dark chocolate. If dark chocolate is married with another flavour, such as mint, I’m a big fan but, on its own, I’ll always prefer the other varieties of chocolate, if I can get them. With 100% dark chocolate, it means that all the ingredients have come from the cocoa bean. 100% dark chocolate is not to everyone’s taste because of its intense bitterness. In the world of personal injury claims, an area where ‘100%’ could leave an intensely bitter taste in your mouth is in relation to contributory negligence. What is contributory negligence? In the usual case, contributory negligence is where it’s accepted by the other party or their insurers that you should get some compensation for your losses. The catch is that they say it was partly due to your own fault that you got injured – so your full compensation should be reduced by a percentage to reflect your share of the blame. In Continue Reading
Removing Right To Claim For Whiplash Injury Is Thin End Of The Wedge
As a bus passenger most days between Lossiemouth and Elgin, the recent unreliability of the Stagecoach service has been a regular topic of conversation. It has made me wonder how you can give an incentive to provide on-time servicing to a company with a virtual monopoly of the local bus service. How about we all get the automatic right to claim compensation from Stagecoach for our hassle and inconvenience every time a bus is more than 15 minutes late? An end to compensation for minor whiplash In his Autumn Statement for 2015, the Chancellor announced that the Westminster government intends to introduce measures to end the right to compensation for minor whiplash injuries. (We don't know yet how 'minor' is to be defined). Scotland not included Our understanding is that these proposed reforms would apply only to England and Wales (and not Scotland or Northern Ireland). However, we’re highlighting these proposals because we consider the principle to be so important. The Continue Reading
Road Traffic Accident Questions Your Solicitor Needs Answered
If you are making a personal injury claim as a result of an accident, your solicitor needs a lot of information from you at the outset. So much information, in fact, that it can be easy to overlook something important. This post contains a list of questions relevant to personal injury claims arising from road traffic accidents. A checklist like this can help to make sure your solicitor gets as much of the crucial information as possible. At the foot of the article is a link to a downloadable pdf document, which contains all the questions as a handy reference. In this type of case, it will be necessary to show that the accident was caused by fault or negligence (that is, some blameworthy or careless act or omission) on the part of the other driver. Your solicitor will want to have the following information from you, as far as possible. Road traffic accident questions to answer for your personal injury solicitor 1 Your full name, date of birth, address and telephone number, Continue Reading
Medical Reports in Personal Injury Claims
If you have a medical problem which you have not been able to resolve yourself, your GP may refer you for a specialist opinion from a consultant. Your GP writes a referral letter and you will receive an appointment for a clinic at a hospital in due course. At the clinic, you may see the consultant or a more junior doctor. You have to rely on how well you can understand what you are told at the consultation. The doctor will write to your GP as a result of the appointment, which will be a sort of “report”. You will not automatically get to see that letter. It can be difficult to get a clear idea of your diagnosis, prognosis and any further treatment proposed. How personal injury claim medical reports are different In the context of a personal injury claim, medical reports are different. As part of most personal injury claims, your solicitor will refer you at some point for an expert opinion from a specialist such as a consultant. If your injury includes, say, a bone Continue Reading
Slip On Ice At Work Case Clarifies Law On Workplace Personal Injury Claims
Imagine you're employed as a home carer in Scotland. Your work requires you to go out at all times of day and in all kinds of weather to provide personal care to the elderly, vulnerable and terminally-ill. One night in winter, with snow and ice lying on the ground, you slip and fall as you make your way to one of your client's homes. You break your wrist. The flat boots you were wearing had ridged soles but their grip was not enough to keep you upright. It turns out that crampon-like shoe attachments were available at reasonable cost and they would probably have prevented your fall if your employer had given you them to use. In other words, you can argue that your employer failed to take proper care for your safety, by failing to provide adequate personal protective equipment, so you have a right to claim compensation from them for your injuries and other losses. On the other hand, periodic sub-zero temperatures are a fact of life in northern Europe, aren't they? Anyone Continue Reading