Helping a client recover after a traumatic ordeal
Our client was molested by her consultant orthopaedic surgeon and came to Digby Brown Solicitors to pursue an assault claim.
We represented her in her claim for damages after she developed a chronic adjustment disorder (a classifiable psychiatric condition) as a result of the assault.
NHS trust denied liability for the assault
The NHS trust involved denied liability, arguing that they were not responsible for the acts of their staff who engaged in such behaviour.
Investigations proved NHS had given employee warnings for similar past behaviour
Our investigations were extensive and we were able to demonstrate that the trust knew that this particular staff member had been given warnings for similar behaviour in the past.
The trust were aware of the problems with this doctor, and put in place specific chaperone procedures.
Unfortunately for our client, whilst the trust had considered the risks and outlined steps to be taken to protect patients, they took no steps to implement these procedures.
Expert personal injury solicitors prove liability for assault and secure compensation
This case raised complex issues of vicarious liability, and in particular the extent of responsibility that employers bear in in assault cases.
The case settled within seven months of the court proceedings being raised, around four months before the final hearing of evidence was due to take place.
Our skilled negotiations with the solicitors representing the NHS meant that our client was able to receive her compensation without having to suffer the ordeal of going into court.
Doctor responsible sacked, client received counselling and compensation for assault
The doctor was disciplined by the General Medical Council and struck off.
Our client has now been offered the counselling she requires, together with compensation, to help put this harrowing ordeal behind her.
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