Last updated on May 4th, 2017 at 09:36 am

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Michelle Branch is a staff nurse, working for Sheffield Teaching Hospitals NHS Foundation Trust (the hospital).  Whilst assisting in cardiothoracic theatres, she sustained chemical burns to her hand.

Chemical burns from machine used during heart surgery

On the day of the accident, Michelle was operating a CryoProbe machine (a machine used to freeze tissue in certain parts of the heart) during heart surgery.  The machine uses a nitrous oxide cylinder to send cold gas down a sterile probe that is attached onto the heart tissue.  The other end of the probe attaches to 2 sockets on the machine using metal connections. The gas freezes to minus 65 degree at which point the probe is frozen onto the heart. It is then allowed to warm up so that when it reaches 0 degrees, it can be removed from the heart.

Michelle had used the machine 5 or 6 times prior to this particular operation – without incident.  However, on this occasion, as it was warming up and had got to around minus 35 degrees, Michelle noticed nitrous oxide leaking from the canister connections.  She knew that the leak would cause issues with the temperature regulator and stop the machine from warming up and the surgeon was shouting, telling her to get it sorted.  She thought that the connection had come loose and tried to push it back, but the hissing made it clear that there was an actual leak. Someone else came to help Michelle and turned the machine off at the back.  Michelle did not know that this is what should be done as she had not received any training on what to do, should the machine leak.

Whilst she was trying to sort out the machine, nitrous oxide leaked onto Michelle’s hand, turning her right index finger white.

Michelle was shaken and shocked and the burn was treated and dressed at the hospital.  The following day her finger was red, like a blood blister.  She returned to the burns unit at the hospital who treated the finger by cutting away the skin surrounding the burnt area and dressing the finger.

The injury was very painful and Michelle suffered for around 4 weeks, unable to carry out domestic tasks and having to carry out different duties at work.  She has been left with scarring that is likely to be permanent.

Hospital provides machine protocol following accident

Since her accident, Michelle has found out that the machine she was using had previously malfunctioned a few times and was removed the day after the incident in which she was injured.  Another machine had also had the same problems. Michelle’s training had never included information on what to do when the machine malfunctioned in the way it had for her – only on how to operate it – and, when she asked a representative from the company that provided the equipment what should be done in such circumstances, he could not give her an answer, simply saying it shouldn’t go wrong!

Following a risk assessment after Michelle’s accident, the hospital has now provided a protocol on what should be done in the circumstances she had encountered, and the hospital now provides gloves that can be worn when using the machine.  Unfortunately these were not provided for Michelle.

Lucy Flynn

Michelle contacts Graysons to pursue compensation for chemical burns

Considering everything that happened to her and the further information she had received from the hospital regarding the history of the equipment malfunctioning, Michelle contacted Graysons to see if anything could be done and Lucy took up her case – pursuing the hospital for compensation.

The hospital initially denied liability for the accident and Lucy had to commence legal proceedings, but was able to negotiate a settlement with the hospital before the case went to court.

All employers have a duty to provide a safe place for their staff to work, to ensure that any equipment used is safe and to provide the proper training and protective equipment that is needed to operate that equipment.  If they don’t they are in breach of their duty and may be liable for any accidents that happen.

If you have had an accident or injury at work, or any other place, and want to know if you can claim compensation, contact one of our experts now.

You can find out more about claiming compensation for accidents at work on our web pages.