Background

Medical Malpractice

If you or a member of your family has suffered abuse by a medical professional or been subject to medical malpractice, we can help you get the compensation you deserve.

Previous cases, including the one involving Dr Stan and the Royal Cornwall Hospital Trust, highlight the damage and hurt that medical abuse can cause – and the number of people it can affect. In this and many other cases, some people only learned at a later date that treatment about which they felt uncomfortable was delivered by someone who had subsequently been found guilty of misconduct. If you’ve received a letter informing you that someone who treated you has been professionally disciplined for abuse or medical misconduct, please contact us – we can help.

We can help you develop a criminal injury or clinical negligence claim where we look to recover damages and compensation from the professional’s employer, whether that’s a health trust or private medical business, or from the Criminal Injuries Compensation Authority.

What is Medical malpractice and abuse?

Medical malpractice and abuse can take many forms, including:

  • Sexual abuse, including rape, sexual assault, harassment and sexting
  • Inappropriate or unnecessary treatments and examinations
  • Unnecessarily invasive or intimate treatments – including per rectal administration of drugs
  • Failure to take informed consent or offer a chaperone where appropriate
  • Bullying – verbal and physical
  • Unsanctioned intimate photography and filming
  • Racism
  • Discrimination by gender, nationality, sexual orientation, religion, disability or age
  • Exploiting the trust or vulnerability of patients for sexual gratification or financial gain
  • Suspicious death while under medical care

Medical abuse and malpractice are rare, but when it does happen, it can be devastating. As patients, we put a lot of trust in the medical professionals who treat us, and we quite rightly expect the highest standards of behaviour and ethics. Whether it’s your GP, a hospital doctor or surgeon, a dentist, a nurse, or any other kind of medical professional, when you let them treat you, touch your body, administer medication or conduct surgery, you have a right to be treated with respect, to be told what is happening and for any and all treatments to be necessary and legal.

If at any time, your treatment deviates from these standards, you may have a case for medical malpractice or, in the worst cases, medical abuse.

How much will your medical misconduct claim cost?

In many cases, we will be able to support you on a no win no fee basis, meaning that if your claim is not successful, you will not have to pay any legal fees. Depending on the circumstances, you may be eligible for Legal Aid to support your claim.

Whatever your case, we offer a free initial consultation to help you understand the process and the likely funding basis of your claim.

Our expert team are experienced in dealing with complex and sensitive medical abuse and malpractice cases. We understand how difficult it can be for those who have been preyed upon or maltreated to come forward and confront the realities of the abuse they have suffered. We will handle your case with empathy and compassion. We will help you to understand your rights and what courses of action are open to you, explain any legal or medical jargon, and ensure that you know exactly where you stand at all times. We can also help you to access the support and counselling you may need to help you recover.

How long do I have to make a medical misconduct claim?

You usually have up to three years from the date of the incident or when you first became aware that you had been affected.

If the claim is for your child, you have until their 18th birthday to make a claim on their behalf. After this it becomes the responsibility of the child to make the claim, with the three-year limit starting when they reach the age of 18. If they lack the ‘capacity’ to handle their own affairs, the time limit does not apply. Similarly, if the medical misconduct claim is on behalf of an adult incapable of handling their own affairs, the limitation does not apply.

We recommend that you contact us as soon as possible, so that our clinical negligence lawyers can explain the process of claiming compensation, start your claim and help you access any other support and/or rehabilitation you need.

How much compensation could you receive?

Every case of medical misconduct is different. That’s why it is important to get expert advice from qualified specialist lawyers who really understand the unique nature of each medical misconduct or abuse issue and who are experienced in working with medical professionals to truly understand its long-term implications.

The amount you can claim will depend on a number of factors, including the nature of the abuse or misconduct and any lasting impact it has had. Whatever the case, our specialist lawyers will ensure that you get the compensation and support you are entitled to.

Of course, financial awards can’t fully compensate you or your loved one for injuries or conditions caused by medical misconduct or abuse, or address any long-term consequences. But compensation can help you to make any necessary adjustments to your lifestyle and help you get your life back on track. Compensation could also help to provide vital support if you or your loved one have lost the capacity to work as a result of medical misconduct or abuse.

Team

A photo of Rachel Pearce

Rachel Pearce

Head of Clinical Negligence & Personal Injury

A photo of Julie Hatton

Ann Chegwin

Paralegal

Gareth Monk

Paralegal

A photo of Imogen Simmonds

Sharon Parsons

Litigation Executive

News & Events

Key contact

A photo of Rachel Pearce

Rachel Pearce

Head of Clinical Negligence & Personal Injury

Get in touch

Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.

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