An Edinburgh hospital worker who was injured by a violent patient in an accident and emergency department has lost a £91,000 damages claim against the Chief Constable of Police Scotland.
Beverly Gilchrist was hit on the stomach and hand when the man, who was under the influence of drink and drugs, kicked out. He had been brought to Edinburgh Royal Infirmary in an ambulance handcuffed by police constables with a chest injury.
She sustained a soft tissue injury to her left hand and developed symptoms of post traumatic stress disorder. She had helped look after her grandson prior to the incident on August 3 in 2019 but felt unable to do so afterwards and suffered anxiety and intrusive thoughts.
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Mrs Gilchrist raised an action at the personal injury court at Edinburgh Sheriff Court seeking compensation, which was contested.
Sheriff Kenneth Campbell KC ruled that injuries she suffered were not caused by the fault and negligence of police officers who had dealt with the 36-year-old, known as JH.
He was abusive and aggressive and at one stage two constables had to restrain him as he flailed around and tried to get off a trolley in a resus room.
One of the officers decided to use fast-strap Velcro leg restraints, which officers carry on their belts.
Mrs Gilchrist said the officer asked her to get the restraints and apply them to the patient. But the officer said he asked for help to get the restraints from his belt pouch but did not ask one of the NHS staff to apply them.
Sheriff Campbell said: "While I accept that the pursuer was struck by JH when he kicked out while being restrained, I do not accept that injury happened because she was applying the restraint straps to JH's legs. I do not accept the pursuer's evidence that she was doing so."
"Nor do I accept that she was instructed, or even merely invited, to apply the straps to JH by the defender's officers. In terms of legal duty, therefore, I hold that the pursuer was injured in the course of her employment by the acts of JH," he said.
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