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Tuesday, 22 July 2008

 A paramedic who suffered post traumatic stress disorder after he was sent alone to attend to a collapsed drug addict has won a claim for damages.

Colin Smith, 50, claimed he should have been ordered to stand down until police arrived to help with the incident in Rhyl, Denbighshire.

Mr Smith was left traumatised when he was threatened by two other men.

A judge at Chester County Court accepted his claim against Welsh Ambulance Services NHS Trust.

Mr Smith was called to an incident at a shed in an alleyway in the west end of Rhyl in 2001, an area with high crime levels at the time.

 

  There was no policy requiring control staff to exercise such intelligence and no training to enable them to do so
Judge Derek Halbert

A transcript of a radio call between Mr Smith and ambulance control shows how he was concerned at being told the patient had been found lying among several syringes.

"Have the police been informed? Over"

"Yeah, we're contacting the police now, over."

"I don't want to be the next body down the alleyway. Over."

"Yeah, we appreciate that. Over."

However, when Mr Smith arrived at the scene, the police were not present.

He decided to treat the patient, but two men appeared in the shed and one threatened him.

In evidence, Mr Smith said he "froze" as the man approached him, shouting, and was standing so close he could feel spit in his face.

Sirens

The men left when they heard sirens approaching, but the court heard Mr Smith was left traumatised by the incident.

Shortly after, another ambulance crew and police attended the scene.

In a judgement handed down in March, His Honour Derek Halbert ruled in favour of Mr Smith.

He said there were "several" hazards which indicated Mr Smith should not have been sent in alone, and control staff should have had the discretion to instruct him to wait.

He said: "I therefore find that in not allowing the control staff this discretion, and in not providing them with guidance on how to use it, the trust both purported to delegate a non-delegable duty and failed in their duty of care to the claimant."

Training

The judge accepted that the final decision whether to "go in" rested with paramedics, but said Mr Smith had not been given the necessary training to allow him to properly assess the situation.

But the trust had a "clear duty" to ensure a paramedic was not placed in such a situation "unless it is necessary and unavoidable by any other reasonable action".

He added: "On the evidence before me in this case I find on balance of probability that at the time of the incident concerned, no such intelligence was being applied. There was no policy requiring control staff to exercise such intelligence and no training to enable them to do so."

A further hearing to discuss costs was held in private on Monday.

The Welsh Ambulance Services NHS Trust said it was unable to comment.

 

 

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/wales/north_east/7517488.stm
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Comments (3)
RSS comments
1. 22-07-2008 11:56
 
Glad he won.. but!
Forgive me, but I'm glad he won... but its another case of WHY O WHY did he not wait for the Police.... 
 
He obviously realised that is was potentially dangerous from his comment 
 
""I don't want to be the next body down the alleyway. Over.""  
 
PERSONAL SAFETY NUMBER ONE!, you are no good to anyone at all if you are injured...
Registered
 
ruthie
2. 22-07-2008 20:51
 
Glad he won.. but!
There is a policy now and it is being ignored. RRV staff being sent to assaults control staff being told send them to everything. Staff are afraid to refuse. Dangerous territory for everyone.
Registered
 
doris
3. 16-08-2008 10:01
 
Glad he won.. but!
first rule of the job.....scene safety, keep out and STAY OUT UNTIL ITS SAFE........... basic rule of training
Registered
 
Vali boy

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