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    Doctor dies after being exposed to asbestos while working at hospital

    15:06, 30/11/2023

    Home » News & Knowledge » Doctor dies after being exposed to asbestos while working at hospital

    A doctor, 56, died from cancer after being exposed to asbestos while he was working at a hospital, an inquest has heard.

     

    56-year-old Richard Jenkinson, from Christchurch, was diagnosed with malignant mesothelioma in 2002 after he suffered from breathlessness and a persistent cough.

    This week, Bournemouth Coroners’ Court heard how Mr. Jenkinson had written a statement outlining his employment history after his diagnosis. He died on November 8 last year.

     

    Doctor dies

     

    The coroner read the statement at the hearing which said he had been exposed to asbestos while he was working at Westminster Hospital as a junior doctor. The statement explained that he had been posted at the hospital between 1988 and 1991, and for some of this time he was required to stay on-site.

    According to a news outlet, Mr. Jenkinson recalled using tunnels under the hospital which linked three buildings. The inquest was told that these were also regularly used by porters and clinical staff.

    The tunnels are said to have been around two meters wide, two-and-a-half-meters high and dimly lit. Mr. Jenkinson reportedly recalled the piped throughout the tunnels on the ceiling and in the corridors were ‘lagged’ with asbestos. He said he had never seen them cleaned, and the tunnels were ‘an unpleasant’ environment.

    Westminster Hospital closed in 1992 and was demolished.

    Mr. Jenkinson went on to become a partner at Christchurch Medical Practise for 26 years. A statement from his GP was read out in court which stated Jenkinson’s diagnosis and treatment which included chemotherapy and radiotherapy.

    His cause of death was given as malignant mesothelioma, therefore the coroner concluded that Mr. Jenkinson died as a result of industrial disease.

     

    What is an Industrial Disease?

    An industrial disease, which can also be known as an occupational disease is an illness or condition you have contracted as a result of a former or current workplace. It can include lung diseases, skin conditions or physical conditions such as Hand Arm Vibration Syndrome (HAVS).

    They could be caused by being exposed to harmful substances such as asbestos or toxic chemicals, or by carrying out work that causes injuries to your body over a period of time (eg. HAVS).

    Most industrial diseases are preventable if employees are given the correct equipment, training and protection.

     

    What is Mesothelioma

    Mesothelioma is a type of asbestos related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial). Other types of asbestos related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.

     

    Common Industrial Diseases

    • Asbestosis
    • Mesothelioma
    • Noise Induced Hearing Loss
    • Repetitive Strain Injury (RSI)
    • Occupational Asthma
    • Hand Arm Vibration Syndrome (HAVS)

     

    The law around Industrial Diseases

    Employers have had a legal duty to reduce and prevent exposure to asbestos since the early 1900s. Employers are under a duty of care to ensure their Employees are not put at any foreseeable risk as far as practicable.

    As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. If they are found to be in breach of these regulations they may be fined and/or imprisoned.

     

    • Health and Safety at Work Act 1974

    Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.

     

    • Management of Health and Safety at Work Regulations 1999

    Duty to undertake a reasonable risk assessment (Reg. 3)

    Requirement to undertake a health surveillance (Reg. 6)

    Personal Protective Equipment at Work Regulations 1992

    Ensure that suitable personal equipment is provided (Reg. 4)

    Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.

     

    • Control of Substances Hazardous to Health 2002

    Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)

    Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)

    Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)

     

    Further reading

    Mesothelioma and asbestos related illnesses – Oakwood Solicitors

    Respiratory disease claims – Oakwood Solicitors

     

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    Meet the author

    Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…

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