M was a 36 year old nursing auxiliary with four year’s experience and no training. She had suffered previous back injury which was aggravated when she turning a 12 stone paraplegic using the ‘orthodox lift’.
Although the Court acknowledged that hospital authorities did not have unlimited resources to spend on staff safety, stating that they had to do the best they could with the staff and equipment they had, the HA was found liable. The Court said that because staff naturally underestimate dangers, there was a high degree of duty on the employer to safeguard them from injury, by laying down a regime which reminded nurses of the dangers. This was because nurses in their enthusiasm to treat their patients to the best of their ability would otherwise take unwarranted risks.