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Injured Baby - Advice on how to proceed requested.

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  • Injured Baby - Advice on how to proceed requested.

    I'm looking for some advice on where to go and how to proceed after my baby was injured last week. We're not really into the claim culture, but after today's follow-up appointment it appears things are worse than we thought and we do think we need to do something now, but are not sure what. This is long - sorry, but I wanted to put everything down.

    On 25th August, we were at a family restaurant near Scarborough. There were 8 of us altogether, including three children, and a baby. We ordered food for everyone, including some baby food advertised on the children's menu. When the food came, all the meals came out together and it was chaos. The baby food was put down in front of the baby, who pulled it off the table and over himself before anyone had the chance to move it out of his way. He was sitting in a high chair - one of those wooden ones that has no table (similar to the ones used in Starbucks). The pureed food went on his chest, but mostly on his feet - his left foot in particular. He began screaming, and as I wiped the food of his (bare) feet, I realised how hot the food was. As I wiped it off his left foot, the skin came away.

    Almost immediately, the manager arrived and organised a bowl of cold water to put my son's foot in. We stripped him off and dribbled water over his chest too. I asked for an ambulance to be called. It was about 20 minutes later when the ambulance arrived. They wrapped his left foot and chest in cling film and we were taken to the resuscitation unit at Scarborough A&E. Once there, he was checked over and given the highest dose of morphine allowed for his weight. It was decided that he should be transferred to the specialist burns unit at Pinderfields, Wakefield. By this time, it was clear that the burn on his chest was slight and not a cause for concern.

    We were transferred by ambulance to Pinderfields, where they treated his foot - cutting away the skin, bursting blisters etc, and wrapped his foot. He was given calpol and calprofen and we (baby, myself, husband) stayed overnight at the unit so they could monitor him. We were allowed to leave the next morning, and given an appointment for follow up on Thursday 29th August.

    We went back to Pickering, where we were staying, to find that our other children had been taken out for the day with their Grandad, Uncle & partner and 2 cousins. Later that afternoon, it was apparent that the dressing was coming off - the top of the bandage had been nearly at knee height when it went on, and it was now just above the ankle. We called the burns unit for advice and were sent to Scarborough A&E to get it redressed, with strict instructions that the actual burn dressing must be left in place; only the bandages could be redone. This was sorted and we went back to Pickering. Next morning, the same had happened again, so we called the burns unit again and this time asked whether we could visit the local Dr surgery rather than do the almost 35 miles round trip to the hospital. This was OK, with the same proviso. The nurse at the local GP surgery found that the burns dressing had come off completely, so had to remove it and re-do, but luckily had the same kind of dressing, so was able to replicate what had been done. She put an extra bandage on and taped it to his leg to make it stay put!

    After this, we re-arranged the follow up appointment for Friday 30 Aug, since the dressing did not need to be changed quite so urgently now and we could then go to the appointment on the way home from holiday. This appointment was fine - his dressings were changed and the burn checked. There were some signs of healing at the outer edges. They then arranged for the next follow-up appointment - this time at QMC as that is the nearest burns unit to where we live.

    I took my son to that appointment this afternoon. The burn was washed and cleaned again and checked by the doctor. She thought that much of the burn is likely to complete the first stage of healing within another week - there are some signs of skin regrowth. One area in the middle of it is a deeper burn and is still red, angry and wet; this will take longer to heal. There are four areas - three on his toes and one on the inner side of his foot - which are full thickness burns and will take a long time to heal. None of the areas is large enough that they would consider a skin graft, but as at least 2 of the areas are over toe joints, we have been told that there may be an issue in the future as his foot grows. It might be necessary to perform an operation to release the scar tissue at some point in the future, but they can't say for sure at this early stage. In any case, we have been told that it is entirely possible that he will need some form of bandage or dressing - including pressure dressings - for at least a year. He will also require some physio and some treatment of the new skin, which we will need to see the therapy team about at some point.

    So what now? We had initially thought simply to request that the restaurant chain repay our expenses, as the journeys to and from hospital are already adding up and will continue to do so - currently two visits a week (and it's a 3 hour round trip including the appointment itself). But having heard what he has ahead of him, we now wonder if we ought to seek some recompense for our son too. I have no idea where to start with this - my mind is still reeling from knowing it happened in the first place. I feel like there should be someone we should contact to report it, but I have no idea if that is the case and I'm not sure where to begin with deciding whether or how to proceed against the restaurant.
    Tags: None

  • #2
    Re: Injured Baby - Advice on how to proceed requested.

    Whatever advice you get hope the baby is gonna be alright.

    Comment


    • #3
      Re: Injured Baby - Advice on how to proceed requested.

      Firstly, I echo Wales' sentiments, & wish your baby a speedy recovery.

      Secondly, is there CCTV in the restaurant?

      If so, SAR them immediately for a copy.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Injured Baby - Advice on how to proceed requested.

        Hi..oh you poor things ...I have no idea how you go forward with this,,am sure the others on here will know but I suggest you keep a diary of events as they happen..it's easy to forget things that could be really important in the future...make note of any Drs names etc and keep every letter...and photographs...they are always useful too

        I wish you luck and hope baby gets well soon

        x

        Comment


        • #5
          Re: Injured Baby - Advice on how to proceed requested.

          Originally posted by mahala View Post
          The baby food was put down in front of the baby, who pulled it off the table and over himself before anyone had the chance to move it out of his way.
          This is the key point - were they negligent, or were you? Or perhaps no-one at all? You need to sit down and think this through logically. Rerun the event in your mind, moment-by-moment.

          If you do decide that they were at fault, then you will need a solicitor specialising in personal injury claims (avoid firms of the 'no-win, no-fee' variety). You will also need a lot of medical reports.

          Does your household insurance include legal cover?

          Comment


          • #6
            Re: Injured Baby - Advice on how to proceed requested.

            Like everyone else I hope your child makes a good recovery. As already said, keep absolutely everything for the moment, get photographs on a regular basis, and start keeping a diary of events in detail - what was said? when? who by? etc.....

            I am sure this is something you are going to need specialist advice with, and is not something which will be resolved by a forum like this. However, the site owner works for an excellent firm of solicitors. I will send her a message and ask if she can take a look at your post.

            Once again, I hope your baby's physical and your mental scars heal swiftly. :beagle:

            Comment


            • #7
              Re: Injured Baby - Advice on how to proceed requested.

              Message sent! :tinysmile_grin_t:

              Comment


              • #8
                Re: Injured Baby - Advice on how to proceed requested.

                Originally posted by enquirer View Post
                This is the key point - were they negligent, or were you? Or perhaps no-one at all? You need to sit down and think this through logically. Rerun the event in your mind, moment-by-moment.
                I would expect that a restaurant that puts baby food on their menu would know what temperature it ought to be served at. When I took it off his foot, it burned my finger - it must have been microwaved (it was served in a plastic pot with the lid balanced on top, the pot sitting on a plate) for well over a minute to have reached the temperature it did. The restaurant manager apologised and said all his staff had had training on how to serve baby food, and that this incident would be dealt with most severely. In my mind, that means someone in the kitchen was at fault. Then the waitress placed hot baby food in front of and in reach of a baby. That's a mistake too.

                Comment


                • #9
                  Re: Injured Baby - Advice on how to proceed requested.

                  Oh crikey, you poor things, I do hope your baby will recover ok? xxx

                  My son had his leg broken by a door at a leisure centre last year when he was just one year old, so I can totally sympathise with how you are feeling. My son screamed through every plaster cast appointment, I can only imagine how horrible repeated burn dressing treatments must be. How old is your son?
                  In our case, I viewed the CCTV and decided that no one was physically to blame, it was just bad luck and therefore we did not pursue a personal injury claim.

                  However, in your situation, I DO feel there has been negligent conduct. Many restaurant chains refuse to warm ANY baby food/milk in a microwave due to the risk of inaccurate final temperatures.
                  The fact that this restaurant provided baby foods on their menu, means their staff should have received training. What happened to your child was the result of a series of failings, not just one single 'mistake'. From the kitchen staff who heated the baby food to the waitress who served it, everything that could go wrong DID go wrong; which means their training did not work AND such an event could happen again if they are not properly challenged.

                  If I were in your shoes, I would be seeking legal help from a personal injury solicitor. You would almost certainly be entitled to no win no fee, but make sure you do your research and that you feel happy with your choice. Most firms would be happy to talk to you or meet you for free to discuss the claim.

                  Oh my goodness, I just realised who you are too! I remember you from way back when I was KateSage, good to see you again xxx
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                  Comment


                  • #10
                    Re: Injured Baby - Advice on how to proceed requested.

                    thanks Celestine. Hope your son is better now!

                    My son is 8 months old. Thanks for the advice. We will do some research and see where that takes us.

                    Comment


                    • #11
                      Re: Injured Baby - Advice on how to proceed requested.

                      If you do pursue a personal injury claim, you need expert advice re the risk of deteriorartion / complications to do with the joints in the foot. The amount of compensation for peronsal injury is described in two legal reference books, 'Kemp and Kemp on Personal Injury' and a small booklet from the Judicial Studies Board (JSB) In my view you would be best to instruct specialist solicitors who will give you the best possible advice in what is a specialised area. You should also take photos of the injuries as they recover eg when the dressings are changed.

                      I would think even if there is some contributory negligence, you might well receive an extra gratia payment without admission of liability from the restaurant.

                      Comment


                      • #12
                        Re: Injured Baby - Advice on how to proceed requested.

                        Is there anywhere you can reference K & K without having to pay, SpringerSpaniel.?

                        £350ish is a lot to fork out for a one-off.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Injured Baby - Advice on how to proceed requested.

                          Originally posted by mahala View Post
                          My son is 8 months old. Thanks for the advice. We will do some research and see where that takes us.
                          The poor wee lad, and poor Mum too :hug: I used to freak every time my baby sneezed so I know you're feeling his pain at this time.

                          Now some practical stuff. If you decide to bring a personal injury claim you must do this within three years of the incident (not the usual six year limitation).

                          You've not named the restaurant but even if it's not part of a big chain it will still have PI insurance. When you're over the shock I would suggest that you write to the restaurant and simply tell them that you will be making a personal injury claim *in due course* and ask them for the name of their insurers. This will put them on notice that you intend to make a legal claim sometime in the next three years. From then on you will be dealing direct with their insurers not the restaurant which will be easier all round. There's no rush since you won't yet know the consequences of this injury. You may eventually decide not to bother but at least you will have registered your claim well within the statutory time limit.

                          In theory your son will be making the claim but since he is under 18 years old you should be able to make the claim on his behalf. He's not yet old enough to write his own Witness Statement although I may be wrong

                          Monitor his recovery progress. If you're not happy with the NHS approach then ask a PI lawyer whether you can go private and claim the cost off the restaurant's insurers. In the very least that will mean you don't have to hang about in long queues for treatment. If he should need plastic surgery (God forbid) to prevent permanent scarring this may not be available on the NHS but it would be achievable privately.

                          I wish you both a speedy recovery

                          Comment


                          • #14
                            Re: Injured Baby - Advice on how to proceed requested.

                            http://www.lawtel.com/Marketing/spec..._on_lawtel.asp

                            There's a demo and a free trial. This inlcudes JSB as well as K and K

                            Comment


                            • #15
                              Re: Injured Baby - Advice on how to proceed requested.

                              Otherwise I will be able to look it up next week or the following week and scan the relevant pages of JSB and K and K, if the number of poages involved is practical to do this. It will be for JSB. I will look for best caase and worst case scenarios, so oyu have a rnage to guide you. However the quantuum will depend very much on whether there are long term issues with the foot, whether further treatment is needed and any other measures eg physio, special shoes etc. So this depends on specialist advice and reports before the correct scenario can really be identified.

                              You are allowed to claim for out of pocket expenses eg travel to hospital physio, if better /quicker treatment is available privately.

                              I think Plan B's advice is good. Put them on notice and then concentrate getting baby well, and return to any possible litigation later.

                              However if settlements are offered, get expert legal advice before ruing out a future claim.

                              It may well have been negligent to put the hot food so near the baby, it is foreseeable that a young child is likely to wriggle and may spill things - apart from overheating the food so it was dangerously hot.
                              Last edited by SpringerSpaniel; 2nd September 2013, 22:07:PM.

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