We specialise in sexual assault claims. If you would like a free consultation with our independently recommended abuse lawyers, then contact our confidential helpline on 0333 888 0445 or email us at [email protected]
Can I make a claim against the NHS for sexual assault?
Experiencing a sexual assault while in the care of the NHS is traumatic and devastating, happening at a time when you are unwell, vulnerable and away from home. If you have been sexually assaulted by a healthcare professional, such as a nurse, paramedic, doctor, or occupational therapist, you have the right to seek justice and compensation.
We have successfully brought many compensation claims for clients who were sexually assaulted while patients in the care of the NHS. This includes situations where there has been no NHS bed available and a patient has therefore been placed in a private facility funded by the NHS.
For example, you can read our case study about hospital abuse where we recovered compensation for a teenage patient who was harassed sexually by her nurse. We also recently settled a claim for a client who was raped by an occupational therapist, and in another case recovered compensation for a vulnerable woman, coerced into sexual activity with a nurse who was later sacked.
Compensation claims can also be made by NHS staff who have been assaulted, as well as by visitors to an NHS medical facility.
If the NHS is not legally responsible for the assault, then you may be entitled to seek criminal injuries compensation from the CICA.
In this article we concentrate on legal action that can be taken against the NHS for compensation under civil law, but sexual assault does also involve the criminal law.
Making a sexual assault claim against the NHS
There are two main ways that we approach a sexual assault compensation claim against the NHS.
Where the abuse is perpetrated by an employee acting in the course of their employment and it is “closely connected” with their employment, then generally speaking their employer, the NHS, is ‘vicariously liable’ for what happened, even if the employer did not know or suspect what was going on.
Where the abuse is perpetrated by someone who is not an employee acting in the course of their work, then we have to prove that the NHS was negligent. This means showing that the NHS knew (or ought to have known) that the perpetrator of the abuse was a risk and failed to take reasonable steps to prevent harm. For example this would include situations where the NHS allows known sexual offenders free access to other patients, or does not take steps to remove someone who is known to pose a danger.
Time limits
A claimant will generally have just three years to commence their compensation claim in court, though that time does not start to run until they are 18 years of age.
However, victims of sexual abuse are treated differently and the courts do have the discretion to allow late claims to be made in exceptional circumstances. There are proposals under consideration to remove time limits for survivors of childhood sexual abuse altogether.
How we can help with NHS assault claims
If you have been subjected to sexual assault or abuse in the NHS then contact our experienced team to discuss your options in confidence. Our specialist lawyers understand the sensitivity of these situations and will handle your case with the utmost care and professionalism. We offer a free and confidential consultation service, and work on a No Win, No Fee basis, which means you do not need to worry about the cost of seeking justice.
For further guidance on making a claim against the NHS for sexual assault contact our free helpline in confidence on 0333 888 0445. Alternatively, you can send an email with details of your case to us at [email protected] and we will get straight back to you.