Have you experienced sexual abuse at the hands of a doctor, therapist or fellow patient whilst being in hospital? This comprehensive guide will walk you through how to navigate hospital sexual abuse claims, so you feel more prepared. We unpack everything you need to know about sexual abuse claims, allowing you to claim with confidence when you are ready.
Important Points
- You can make a civil claim or claim through the Criminal Injuries Compensation Authority (CICA) following sexual abuse in a hospital
- The CICA can award compensation to victims of sexual assault in England, Wales and Scotland
- For civil claims, you have 3 years to start a claim from the date of the incident
- For CICA claims, you have 2 years to start a claim
- Our solicitors offer their legal help on a No Win No Fee basis
If you have any immediate questions that require fast and clear guidance, get in touch with our team of professionals using the contact details below:
Contact Us
- Phone us on 0333 091 8597
- Contact us online
- We have dedicated teams of real people who want to help you through our live chat feature
Frequently Asked Questions
- How To Make Hospital Sexual Abuse Claims
- What Compensation Can Be Claimed After Sexual Abuse In Hospital?
- How To Claim If The Hospital Isn’t Liable For The Abuse
- The CICA Sexual Abuse Compensation Payouts
- How Long Is The Time Limit For Bringing Hospital Sexual Abuse Claims?
- What Can Sexual Abuse Compensation Advice Help With?
- Learn More
How To Make Hospital Sexual Abuse Claims
When it comes to making hospital sexual abuse claims, you might be able to claim against a vicariously liable party, which in this case would be the hospital. This is because the hospital owes you a duty of care, which involves providing a minimum standard of care, as regulated by professional healthcare bodies.
If the hospital provides you with substandard care and you are sexually abused as a result, they may have breached their duty of care towards you, and you may have an eligible hospital sexual abuse claim. To give you a clearer picture of what this breach might look like, we’ve provided an example for you below:
- A patient on a ward keeps making sexual comments towards another patient. The patient who is being sexually harassed reports this to the ward manager as well as several of their subordinates, but nothing is done to safeguard them. Consequently, the patient later suffered sexual abuse because the hospital failed to keep them safe.
We’ve broken the eligibility requirements down so you can easily apply them to your circumstances to see if you may be eligible:
- The hospital owed you a duty of care
- They breached this duty
- This resulted in you suffering harm in the form of sexual abuse
If you are looking into hospital sexual abuse claims against a vicariously liable party, let us help you. Contact us for free today over the phone, online or through our live chat.
What Compensation Can Be Claimed After Sexual Abuse In Hospital?
The compensation which can be claimed after sexual abuse in a hospital will vary because every case is different, including the type of sexual abuse that you can claim for, the extent of harm and the unique details of the circumstance. Your solicitor will investigate your hospital sexual abuse claim and determine what you might be owed in general damages. This head of claim covers the pain and suffering (both physical and psychological) you have suffered as a direct result of the sexual abuse. When calculating your general damages, your solicitor will look into:
- The type of harm and its severity
- The length of your expected recovery period
- Whether the harm has impacted your quality of life
- Whether you have suffered psychological harm such as PTSD
- Any future risk of deterioration or degeneration
- Any lasting effects, for example, long-term or lifelong disabilities
Your solicitor may also refer to the Judicial College Guidelines (JCG) to help them accurately determine your compensation. The JCG is a publication that contains a comprehensive list of instances of harm, their severities, as well as their related compensation brackets. Consequently, solicitors will use the JCG to assist them.
Please find below a table containing several instances of harm taken from the JCG. However, take note that the first figure has not been sourced from the JCG. Notably, our table is intended to be used as a guideline only.
| INJURY | COMPENSATION | NOTES |
|---|---|---|
| Multiple Serious Injuries with Special Damages | Up to £500,000+ | Multiple forms of severe harm with special damages for lost earnings, medical expenses etc. |
| Sexual Abuse (a) Severe | £109,830 to £183,050 | This award compensates for serious and prolonged abuse, including severe or moderately severe psychiatric injury. |
| Sexual Abuse (b) Moderately Severe | £54,920 to £109,830 | This bracket covers cases of serious abuse and/or moderately severe to severe psychiatric injuries. |
| Sexual Abuse (c) Moderate | £25,100 to £54,920 | In this compensation award both the abuse and psychological reaction are classed as less serious/severe. |
| Sexual Abuse (d) Less Severe | £11,870 to £25,100 | This compensation bracket accounts for lower levels of seriousness and psychological effects. Notably, these are quickly resolved or are classed as mild. |
Your solicitor will also investigate whether you are eligible to receive special damages. This is the second head of claim, which covers any financial losses you may have incurred because of the harm you have suffered.
Financial losses can look like:
- Medical bills
- Loss of earnings
- Loss of future earnings
- Travel expenses
- Care from loved ones or professionals
Suppose you believe that the harm you have suffered has cost you money, your solicitor would ask that you provide proof in the form of documented costs such as payslips, receipts and invoices.
Would you like to know more about general or special damages? Get in touch so our specialist team can provide you with clear guidance today.
How To Claim If The Hospital Isn’t Liable For The Abuse
If the hospital isn’t liable for the abuse, you can claim through the CICA. This is a government agency that pays out compensation to those who have been victims of violent crime in Great Britain.
In order to qualify to receive compensation from CICA, you will need to satisfy the following eligibility criteria:
- You must have been injured by a violent crime, which is defined under Annexe B of the Criminal Injuries Compensation Scheme 2012. This includes sexual assault
- This incident must have taken place in England, Wales or Scotland. Other locations may qualify, such as a vessel, as long as it is registered to one of the above countries
- You must have reported the violent crime to the police and cooperated with them
- The claim must be started within 2 years of the incident (certain exemptions may apply)
If you are unsure whether to look into hospital sexual abuse claims in relation to CICA or a vicariously liable party, don’t worry, we can help you. Connect with one of our expert advisors, available 24/7, 7 days a week.
The CICA Sexual Abuse Compensation Payouts
The CICA payouts for sexual abuse are awarded by referring to the fixed tariff of injuries outlined within the CICA Scheme. In simple terms, you would receive exactly what is listed for the injury you have suffered.
Under the CICA, you could receive compensation for up to 3 injuries through the multiple injuries formula. This means yo uwould receive:
- 100% of the tariff amount for your highest valued injury
- 30% for the second
- 15% for the third
Additional payments not subject to this formula could be made in the event that the incident led to you losing a foetus, contracting an ST or becoming pregnant.
We’ve provided some examples of CICA payouts from this tariff below for you to take a look at. However, please bear in mind that the first figure is the maximum payout CICA would provide in compensation for any criminal injury claim.
| INJURY | COMPENSATION | NOTES |
|---|---|---|
| Multiple Severe Injuries + Special Expenses. | Up to £500,000 | Multiple, severe injuries and special expenses as well as lost earnings. |
| Non-consensual, penile penetration | £44,000 | In this award bracket, the claimant will have suffered severe internal injuries and a severe disabling mental illness. |
| £33,000 | The same as above except the mental illness will be moderately disabling. | |
| £27,000 | The incident will cause the claimant to suffer a severe disabling mental illness. | |
| £22,000 | The claimant will have suffered serious internal injuries. | |
| £13,500 | By two or more attackers. | |
| £11,000 | By one attacker. | |
| Sexual assault | £27,000 | The claimant will suffer from a severe disabling and permanent mental illness because of the incident. |
| £22,000 | The same as above except the mental illness will be moderately disabling and permanent. | |
| £22,000 | In this award the claimant will have suffered serious internal injuries because of the incident. |
Notably, CICA will also be able to provide special expenses for any money you have lost because of suffering sexual abuse in a hospital. This can include:
- The costs of any mobility equipment you may require
- Costs of care involving food preparation or bodily functions
- Any costs associated with repairing or replacing any equipment you relied upon, for example, a hearing aid that was damaged in the incident
Similar to special damages mentioned earlier in this guide, any expenses would need to be proven with evidence such as bank statements and invoices.
You may also be able to claim for a loss of earnings, but specific criteria will need to be met.
If you require more clarity on how the CICA pay compensation to their claimants, please have a chat with one of our expert team members.
How Long Is The Time Limit For Hospital Sexual Abuse Claims?
The time limit for hospital sexual abuse claims differs depending on whether it’s a civil or criminal injury claim.
When it comes to civil claims, you will have 3 years from the date the incident took place to start a hospital sexual abuse claim. This is known as the limitation period and is outlined in the Limitation Act 1980. We encourage you to start your claim as soon as possible, as the courts are not at liberty to provide an extension, even if you were prevented from claiming due to reasons beyond your control.
However, CICA states that you have 2 years from the date of the incident to start your sexual abuse claim.
Notably, exceptions could be made for both civil and criminal injury time limits. To find out more about this, reach out to us today so we can unpack the limitation period in greater detail for you.
What Can Sexual Abuse Compensation Advice Help With?
Here at Sexual Abuse Compensation Advice, our sexual abuse solicitors provide their legal aid on a No Win No Fee basis via a contract called a Conditional Fee Agreement. Importantly, this funding option comes with several benefits. Specifically, you won’t have to pay solicitors’ service fees if your claim fails or while it is ongoing. Notably, you won’t be surprised by any upfront solicitors’ service fees either.
If your hospital sexual abuse claim wins, you’ll pay a success fee. This will be paid directly out of your compensation. Don’t worry, the success fee is a legally limited percentage, as set out within the Conditional Fee Agreements Order 2013.
If you decide to work with us, not only will you gain immediate access to the above benefits, but also to a wide range of support services, which are designed to make the claims process more manageable. We’ve provided some examples of the services we offer our clients below:
- We will tell you how strong your claim is and its likelihood of success
- Determine a fair and accurate compensation figure
- Find a suitable barrister to handle your case if it ends up in court
- Arrange an independent medical assessment to assess the harm done
- Represent you in negotiations and court proceedings
- Follow all instructions to the letter and meet all deadlines efficiently
- Get you access to medical treatment that might not be available on the NHS
- Gather evidence on your behalf
This is not an exhaustive list, and we’d love to talk to you about the other ways we can support you. Our team are dedicated to helping every client who gets in touch with us. Let us help you. Get in touch using the contact information below:
Contact Our Team
- Phone us on 0333 091 8597
- Contact us online
- We have dedicated teams of real people who want to help you through our live chat feature
Learn More
In addition to hospital sexual abuse claims, some of our other articles provide further reading:
- Read our guide on claiming for sexual assault at work.
- Learn more about how to claim for sexual abuse in health and social care.
- Find out if you can claim for sexual abuse after reporting it years later.
Also, external help:
- Read up on your rights after a crime from GOV.UK.
- Spotting signs of child sexual abuse from the NHS.
- Find out more about how to get help from Victim Support.
Thank you for taking the time to read our guide on hospital sexual abuse claims. We hope you have found it useful.
