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Food Poisoning Compensation
What is food poisoning?
How is food poisoning caused?
Bacterial Food Poisoning
How is Bacterial Food Poisoning caused?
Symptoms, Diagnosis and Treatment of Food Poisoning
What happens after you contract Food Poisoning
Personal Injury Compensation Claim
Am I entitled to make a claim after developing food poisoning?
Compensation Claim Advice
Advice from a specialist Personal Injury Solicitor
Unfortunately, food poisoning is fairly common these days. Luckily, food poisoning usually only presents mild symptoms; however, it can be more serious and can even lead to fatalities in some cases.
Food poisoning normally happens after food or drink we consume is infected with bacteria, parasites, viruses or chemicals (including pesticides). By far the most common type of food poisoning though is bacterial food poisoning.
Bacterial poisoning is caused mainly by foods we eat, which have not been stored, prepared or cooked properly. Unfortunately when the bacteria is present it may not alter the appearance, smell or taste of the food; therefore, it is difficult to know that the food is harmful before it is eaten.
Bacteria can multiply easily and the more bacteria present in the food, the higher the chance of it causing a person to become ill with food poisoning.
It is not unusual for a whole family or a group of friends to contract food poisoning at the same time if they eat a meal together or visit a restaurant as a group.
Some of the most common types of bacterial poisoning are Botulism, E-coli, Salmonella and Campylobacter however, there are many more.
Botulism is caused after a bacterium called Clostridium botulinum produces a toxin called Botulin.
Botulin is destroyed at high temperatures; therefore, food heated correctly should not pose a threat.
In the past there have been many cases of Botulism caused by canned goods. If you notice a damaged can or a can which seems to be bulging with air, this could be a sign of bacteria and the food should be discarded.
E-Coli is the more commonly known term for Escherichia coli which is a type of bacteria which lives in the lower intestines of healthy mammals (including humans).
If some of this bacterium is transferred to meat or vegetables, it can cause food poisoning if it is ingested. Washing food and cooking it thoroughly will destroy the E-Coli bacteria. You must also remember to wash your hands after handling these foods to avoid transferring the bacteria to another food source.
Salmonella is most commonly found in meat (including poultry), eggs and egg products such as mayonnaise, unpasteurised milk, untreated water and seafood such as prawns, fish and sushi. The only way to kill the Salmonella bacteria is with heat so it is important to thoroughly cook these food types and wash your hands after handling them to avoid transferring the bacteria to another food source.
Contact by uncontaminated foodstuffs with surfaces that contaminated food has come into contact with can lead to widespread outbreaks almost of epidemic proportions.
Salmonella can have long term serious health problems and can be very hard to get rid of. In fact, it can be occasionally impossible to get rid of and it can lay dormant resurrecting itself in debilitating outbreaks when the victim is otherwise unwell , elderly or just run down.
Campylobacter is a bacteria normally found in undercooked or raw meat and poultry, unpasteurised milk and untreated water. It causes food poisoning if it is directly ingested or if the bacterium is spread to another food source, such as a salad by someone who has handled the raw poultry and then not washed their hands properly.
For further information about how to store and cook food properly and safely visit www.direct.gov.uk.
Symptoms of Food Poisoning
As every type of food poisoning is different and each person's body will react in a different way, it is hard to tell how soon after eating the infected food that you will become ill with food poisoning. Some people may develop symptoms within half an hour and others may not have symptoms until a week or so afterwards, particularly when the food poisoning is Campylobacter.
The same theory applies to the length of time a person is ill as it really depends on the type of food poisoning involved and how fit and healthy the person is. Some people may be ill for only a few hours and some may be ill for weeks.
Symptoms of food poisoning can also vary greatly from nausea, vomiting, stomach pain and diarrhoea to dehydration, fever and exhaustion. In very severe cases food poisoning can even cause nervous system damage, paralysis or death.
Diagnosis of Food Poisoning
If you visit your GP or Hospital with a case of suspected food poisoning they will probably take a stool sample to verify exactly what type of food poisoning you have.
If the illness is confirmed as being food poisoning and you suspect that it was caused by food purchased from a specific shop or eaten in a specific restaurant, you or your doctor should inform the Environmental Health office. To find details of your local Environmental Health Officer visit:
http://www.food.gov.uk/enforcement/laresource/yourarea/.
Treatment of Food Poisoning
In most cases, someone affected by food poisoning simply has to 'ride the storm' and wait for the illness to pass through their body. In more serious cases, though medical intervention is needed and antibiotics may be given. If the sufferer has become dehydrated, they may also require an intravenous drip to put fluids back into their body.
If you are unfortunate enough to be affected by food poisoning as a result of another person’s negligence, you may be entitled to make a personal injury compensation claim for the pain and suffering you have endured as a result. You may even be able to make a claim for compensation if you contracted the food poisoning while you were abroad on a package holiday.
In the meantime; however, it is important that you retain any evidence you may have which supports your food poisoning claim and ensure that when you visit your GP / Hospital for treatment you mention the suspected cause of your illness to your doctor and involve the Environmental Health Department if necessary.
Please keep restaurant, café or supermarket receipts and if possible any packaging together with any letters or documents relating to the events and the names and addresses of any witnesses. Also remember to retain evidence of any personal injury related expenses such as receipts for prescriptions or medication and evidence of travelling expenses.
Providing it can be proven that your food poisoning was caused by your exposure to bacteria, parasites, chemicals or viruses and the person / company who allowed you to come into contact with it was negligent, then your claim for compensation should be valid.
Read a news story about a couple who contracted food poisoning whilst on a package holiday to the Dominican Republic. Thompsons Solicitors' specialist personal injury lawyers recovered £7,000 compensation for them.
Thompsons Solicitors are experts in all personal injury matters and have successfully dealt with many claims for victims of food poisoning. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online compensation claim forms.
There are strict time limits in place to make any injury claim. For further information, contact us or visit our Questions Answered page.