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Malcolm Johnson & Co Solicitors are leading specialist child abuse solicitors based in south London
Malcolm Johnson & Co Solicitors

Doctor denies assaults in Guildford Crown Court

June 30th, 2010 by Malcolm

Get Surrey reports on an ongoing trial in Guildford Crown Court, where a doctor has denied a series of sexual assaults against patients. The doctor is accused of subjecting female patients to assaults under the guise of medical examinations.

The offences were all said to have taken place at the Old Cottage Hospital Surgery, Epsom, or the Fountain Medical Centre in Ewell Village.

Compensation claims against medical practitioners are relatively common where clinical negligence is concerned, but claims in relation to sexual assault are far more rare.  In such cases, if the abuse can be proved, then the victim has a claim against the practitioner direct and potentially against that practitioner’s employer on the grounds that they are vicariously liable for the actions of their employee. See the case of Lister v Hesley Hall Ltd [2002] UKHL 22.

It has to be established that the practitioner was acting in the course of his duties, and that his abuse had a close connection with his employment. With a medical practititioner, part of his duties will be a physical examination.

There may also be a parallell claim to the Criminal Injuries Compensation Authority, a government organisation set up to compensate victims of crime.

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