Abuse by Medical Professionals

If you have been assaulted sexually or physically during a stay or visit to hospital, or by a GP or therapist, you may be entitled to compensation.

If the person who has been assaulted is a child under 18, their parent or guardian can act for them.

Similarly, if an adult lacks mental capacity or has a medical condition that prevents them from communicating directly with, us a family member or close friend can assist.

There are time limits for bringing claims for compensation. You may have been told or have heard that there is a three-year time limit. This is correct, but the courts do allow late claims.

There are many situations where the courts will be sympathetic, especially in abuse cases. We are experts in this area and will be able to advise.

It is therefore possible to claim successfully many years after the abuse or assault happened.

Information relating to complaints should be stored separately from your patient medical records.

There are several reasons for this, including:

• Only those individuals involved in the investigation or claims process should have access to the information, and as a patient you have a right to confidentiality
• Keeping this information and any records relating to the complaint separate from your actual medical records ensures that this will not impact the way you may be treated as a patient in the future
• Compliance with the Data Protection Act means that records relating to complaints and claims will be destroyed after a certain period, whereas your medical records will be retained for your lifetime and it would be difficult to distinguish between the two if they were kept as part of the same set of records.

Each claim is different. We will assess your claim and give you an idea at the outset of the likely compensation you can expect to receive.

A civil claim for sexual or physical abuse can include the following types of compensation:

• General damages – An award of money for the abuse/assault(s) themselves and for the pain, suffering and any psychological effects.
• Special damages – An award for any specific financial losses we can prove, such as loss of earnings or the costs of any treatment or counselling.
• Aggravated damages – An additional award of money in certain cases where the court considers that there has been additional distress caused by the manner in which the abuse occurred.

The majority of abuse claims are funded by a Conditional Fee Agreement (CFA). This is also known as a ‘no-win, no-fee’ agreement.

The way these agreements work means that you do not have to pay anything to us upfront. If you successfully recover damages, the majority of your costs will be paid by the other side.

You may have to contribute to costs out of any compensation recovered, but this will not be more than 25%.

We may advise you to take out After the Event (ATE) Insurance in your claim, depending on the case. If we consider that it should be taken out, we will discuss this in detail with you.

Any ATE premium will only be payable if you win and will not need to be paid until the end of the claim.

GMC  – Independent regulator for doctors in the UK

NMC – Independent regulator for nursing and midwifery in the UK

UKPC – One of the professional associations for psychotherapy practitioners in the UK

At Oakwood Solicitors, we have dedicated lawyers with over 20 years of experience, acting for survivors of sexual and physical abuse.

We understand how difficult it can be to bring a claim, and we are committed to dealing with your case in a sensitive way.

You will have a dedicated solicitor who will deal with your claim from start to finish, and who will be able to speak to you at times convenient to you – even if this is outside our normal office hours.