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 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 here how 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, which you can read about here, and in another case, which you can read here, we recovered compensation for a vulnerable woman coerced into sexual activity with a nurse who was later sacked.
Making a claim
There are two main ways that we approach a claim relating to sexual assault in 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 they 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 being troublesome.
How we can help
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 case assessment service and work on a No Win, No Fee basis, meaning you do not need to worry about the cost of seeking justice.