Assaults in hospitals are more common that many people realise. In this real-life case study, we look at what you can do if you are assaulted in a hospital.
Our recommended abuse solicitors offer a free and confidential consultation service. Contact us for a review of your case and details of no win, no fee funding.
Overview of the case
Our team of specialist lawyers is often asked, ‘Can I claim compensation if I’m assaulted in hospital?’
The answer to this question is inevitably fact-dependent, but in many cases, the answer is that a compensation claim can be made, especially where the assault was carried out by a member of staff.
In this case study, we look at how we recovered compensation for a female patient who was sexually assaulted by a hospital cleaner, with the hospital being held ‘vicariously liable’.
Claims can also be made for assaults carried out by other patients or members of the public on hospital premises if it can be shown that the hospital was at fault.
The incident in hospital
Our client, who for confidentiality reasons we will refer to simply as ‘M’, was a young woman who had longstanding health problems that meant she frequently had to spend time as an in-patient in hospital to receive treatment.
On one of these occasions, she was “befriended” by a member of staff. This male staff member was a hospital cleaner, and he made a point of coming into M’s cubicle and chatting to her. He did this even when she had her curtains closed. On one occasion, he walked into M’s cubicle when she was changing. He refused to leave and then sexually assaulted her.
M was understandably incredibly upset and distressed.
She was able to report the assault with the help of one of her treating physicians and was reassured that the cleaner would be disciplined and that there would be no chance of her seeing him again on future appointments. However, when attending for her next session of in-patient treatment, she was dismayed to see the man still working there.
Seeking legal advice on making an assault claim
M felt fobbed off by the hospital and, in the hope of getting some sense of justice, she contacted our specialist abuse team.
We are experienced in dealing with claims for assault and sexual abuse arising in healthcare settings, and having considered the circumstances, we offered to help M with bringing a compensation claim on a No Win No Fee basis.
In England and Wales an employer is ‘vicariously liable’ for wrongdoing committed by an employee – even if the employer did not know about it and had no warning it was likely to happen – as long as the conduct in question was carried out in the course of the employment and was “closely connected” to the employment.
Recovering compensation for the hospital assault
The hospital did not dispute that M had been assaulted, but they denied that the conduct was closely connected with the employment of a cleaner.
Our team did not accept this argument and issued court proceedings against the hospital on the basis that the cleaner’s job description included a requirement to help with a positive patient experience, that personal interaction with patients was required, and that this was enough to bring him with the scope of ‘vicarious liability‘.
This did the trick, and the hospital made an offer of settlement to M, which she was glad to accept. She finally felt that she had been taken seriously and that she would be able to begin to move on from her awful experience.
How we can help if you have been assaulted in hospital
Our abuse team has extensive experience of dealing with claims arising from assaults and sexual misconduct in healthcare settings.
Elsewhere on this website, you can read about some of our other successes, including:
- Abuse in a mental health facility by a healthcare worker
- £70,000 paid to patient who was abused in hospital
- Abuse in hospital by a psychiatric nurse
If you have been affected by sexual assault while in hospital or another healthcare setting, contact us for a free case assessment and details of No Win, No Fee funding.