Can I claim compensation if I have been sexually assaulted or abused by doctor or other healthcare professional?
Yes, compensation may be available through the civil courts if you have suffered sexual or physical assault or abuse either in a hospital, clinic or treatment centre or perhaps by a GP or other medical professional. Our specialist abuse and assault claims team have dealt with many such claims and is experienced in knowing what evidence is required to achieve a speedy resolution and to obtain the maximum amount of compensation.
How will I prove what happened to me?
Proving that the abuse or assaults occurred is one of the fundamental aspects of any compensation claim. There are several things to bear in mind in this respect:
- If you have reported the matter to the police or to the relevant governing body or hospital they may have already conducted an investigation. The perpetrator may have admitted the abuse and may have even been disciplined or even criminally convicted. In such cases, you can rely on these findings and you do not need to prove the abuse.
- In a civil claim, you only need to prove the assaults happened on the balance of probabilities, so even if the police have not prosecuted or no further action has been taken against the individual, there may still be enough evidence to prove the matter in the civil claim
- Generally, complainants tend to be believed and opponents in civil cases rarely take issue with the allegations themselves, unless there is strong evidence that the allegations are false. If you are telling the truth, it is highly likely you will be believed, even if you have no other evidence to back up your complaints.
Can I claim is the abuse occurred in the context of private medical treatment?
You certainly can. The law applies equally whether the doctor or other professional works for the NHS, a private medical clinic or a hospital or whether they work independently as some therapists and counsellors do. There may be a little more investigating for your solicitor to undertake in cases where we are looking to bring a claim against a self-employed treatment provider, but once we have established that they have insurance coverage or the ability to settle any judgement the claim will be run in much the same way.
How will you work out the amount of compensation I should receive?
In civil compensation claims, there are rules and guidance as to the amount of damages you can expect to recover for the abuse itself, any physical injuries sustained and any ongoing psychological or psychiatric damage.
The level of damages will depend on the severity of the abuse and the effect it has had upon all aspects of your life including your education, employment and relationships. We will also look to obtain medical evidence to ascertain whether you have or are suffering from any recognised psychological condition as a result of the abuse.
Our institutional and organisational abuse compensation claim calculator will offer you a guide as to what compensation you could claim.