Needle Stick Injury Claims

The incidences of infection from percutaneous injury are low with few recorded deaths in this country (2006 3 per 1000 injuries) however it does not remove the stress and discomfort caused to the injured party before test results give an all clear.

Certain features of a percutaneous injury carry a particularly high risk:

  • Where the injured party suffers a deep injury
  • There is evidence that the source patient has a terminal HIV-related illness
  • Blood can be seen on the device which caused the injury
  • Injury with a needle which had been placed in a source patient's artery or vein.

What to do in the event of a needlestick injury

  • encourage bleeding, wash with soap and running water, do not scrub the area.
  • report incident and discuss with local public health consultant immediately
  • if there is a significant risk of HIV post exposure prophylaxis (PEP) should be started within the hour and in accordance with the local health authority protocol for such events.
  • A blood sample from the injured party should be sent for virology to check for the main BBV: HIV, hep B and hep C
  • consider need for antibiotic therapy or hepatitis B immunized.
  • Fill out accident book and complete critical event audit.

If you have suffered injury, either physical or mental, as a result of a discarded needle-stick or hypodermic needle you may be entitled to compensation.

You can recover damages for:

  • Physical injury. This can be an actual physical injury caused by the needle itself or a viral-infection injury such as hepatitis C, hepatitis B, HIV etc. caught from the needle.
  • PEP. Post exposure prophlaxis treatment may be given to you if there is a high risk of HIV contamination. The side effects of PEP can be very distressing; nausea, dizziness, etc and you can claim for this additional suffering.
  • Psychological injury and stress. It may be many months of upset, trauma, worry and tests before you are given the medical all clear. This can cause great upset and concern, affecting your work and your family life.
  • Lost income. If you have had time off work as a result of either physical or psychological injury Gartons will seek to recover this as part of your claim.
  • Treatment costssuch as medication, counselling etc.
  • Other lossessustained as a direct and foreseeable result of the injury

Your employer, or the party that controls/owns the building or land where you sustained your injury, owes you a duty of care to make sure that you are not injured whilst at work or visiting the premises. If this duty of care is breached and you suffer injury as a result of this breach, you are entitled to recover damages,regardless of whether you are an employee or visitor.

If you are likely, or it is foreseeable, that in the course of your job, you may come into contact with a discarded needle then your employers must provide you with adequate, needleproof gloves. If they don't then you may be entitled to claim compensation.