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Twins' parents face legal action after fall on stairs
A COUPLE say the birth of their twin boys has been "tainted" after their midwife launched legal action against them for tripping on the stairs at their home.
Michelle and James Hudson were astonished when a solicitor's letter arrived saying they had failed to "keep traffic routes free of hazards" at their home in Hull.
Community midwife Caroline Waller made a routine visit to check twins Oliver and Harry in Roslyn Road, three days after their birth.
Solicitors for Ms Waller say she tripped over a buggy and fell forwards causing a back injury which had kept her off work.
However Mrs Hudson said the midwife, who hadn't been involved in the birth, appeared to laugh off the incident.
She said: "She shot upstairs because she forgot her medical bag. She lost her footing on the last couple of stairs. I was sat in the hallway waiting for her.
"She skied down the stairs, she landed heavily on her feet, there was nothing untoward. I said are you alright, she said I'm fine and was laughing about it."
Her husband James, an IT director, added: "My wife was upstairs when she arrived and as she went up we asked her to excuse the untidyness.
"The house certainly wasn't a mess. There were just a couple of things at the bottom of the stairs and they were all part and parcel of the chaos that comes with arriving home from hospital on the previous night with two newborn twins.
"After speaking to my wife, she was leaving and realised she had forgotten her bag, so she went back upstairs and came rushing back down. As she passed the buggy she stumbled slightly. She certainly didn't fall or look like anything bad had happened."
The father-of-three is hopeful their home insurers will cover any costs. Mr Hudson said: "I feel so lucky we have insurance in place. If we didn't we would have been in real trouble. We are willing to fight this tooth and nail."
The letter from Thompsons Solicitors claimed that the Hudsons had failed to "provide a safe place of work", adding: "At the material time my client was visiting your home and tripped over a folded buggy left upon the stairs causing her to fall forwards and sustain injury.
"At this stage, my client contends that you were at fault because you failed to keep traffic routes free of hazards, in particular the stairs; and you are under a duty pursuant to The Occupiers Act 1957 to provide a safe place of work for persons invited on to your premises."
Due to the alleged "negligence and/or breach of statutory duty" Ms Waller had "sustained injuries and suffered loss and damage." Thompsons Solicitors, which acts on behalf of The Royal College of Midwives, declined to comment.
Stephen Greep, Chief Executive for Hull and East Yorkshire Hospitals NHS Trust, said: "The Trust is not involved in this legal action and is therefore unable to comment on the case. However, we fully sympathise with the family for any distress caused by this action."
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Saturday 26 May 2012
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