A brain surgeon who ‘thought he was going to die’ after a lift he was trapped in plunged four floors has launched a £200,000 legal battle against the NHS.
Neurosurgery specialist Dr Steven Tominey was left with life changing injuries to his leg following his traumatic ordeal at the Royal London Hospital in Whitechapel, east London, in 2024.
The doctor was then forced to drag himself towards the emergency buzzer where he called for help before he was finally rescued after 10 minutes.
He has since had major surgery twice on his leg and now walks with a limp. The incident also left him depressed and in need of therapy designed to help with PTSD.
Now, Dr Tominey is suing his former employer Barts Health NHS Trust for over £200,000 compensation for the impact of the accident on his career and personal life.
The NHS trust has admitted breach of duty but they are challenging other aspects of the claim, including the amount of compensation he is due.
Speaking at London’s High Court, lawyers for Dr Tominey set out his account of the accident.
They told the court that Dr Tominey entered the lift at between 7am and 7.30am on March 15 2024 while he was working a night shift at the hospital.
He was then left ‘terrified and thought he was going to die’ when the lift dropped four floors before the brakes activated.
The lawyers continued: ‘The claimant’s left leg sustained the impact of the elevator halting abruptly as his weight transferred through that leg.
‘The claimant attempted to take a step forward to the emergency button, but was unable to do so due to his injuries and pain. He lowered himself to the floor.’
The doctor was then forced to crawl towards the emergency buzzer where he called for help. He was then rescued five to 10 minutes later and immediately taken to the Accident and Emergency Department of the hospital.
Following an X-ray it was discovered that Dr Tominey had fractured his leg in two places.
But despite being taken into surgery immediately, his smashed knee did not set straight and he had to undergo another operation to shorten one of his legs as a result.
The injuries have left the doctor with a ‘limp’ and ‘ongoing pain’ and he has trouble being on his feet at work for long periods, the court heard.
And the trauma of the accident led to him being depressed and needing eye movement desensitization and reprocessing therapy designed to help PTSD sufferers, his lawyers added.
‘The defendant owed the claimant a non-delegable duty of care as his employer, including a duty to provide a safe workplace,’ they say, concluding that it was ‘highly likely’ that his career would be held back because of the impact of the elevator accident.
In its defence to the accident, the hospital trust admits breach of duty, but says it ‘puts the claimant to proof as to the nature, cause, occurrence and happening of the alleged accident’.
It also disputes causation in relation to the effects he says he has suffered and the amount of damages claimed.
The trust also says it wants the claim delayed so that the medical picture is clearer regarding how much Dr Tominey is likely to recover long term.
