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Nikki wins compensation for client’s sexual assault

Graysons’ partner and head of clinical negligence, Nikki Yavari, has won a case for a woman who was sexually assaulted whilst having surgery to remove four wisdom teeth at the Royal Hallamshire Hospital.

Last updated on April 16th, 2024 at 12:17 pm

sexual-assault

Nikki Yavari

The client underwent the operation in September 2018.  She was under the care of a male nurse at the hospital. In December 2021 the nurse was charged with 23 offences relating to sexual assault. In February 2022, following a police investigation, Graysons’ client became aware of the assault.

The client instructed Graysons to investigate her claim against Sheffield Teaching Hospitals NHS Foundation Trust. The case was first dealt with by Graysons’ personal injury department, but Nikki took over the case when it was decided that a clinical negligence lawyer would be better placed to deal with it.

Nikki contacted the hospital, claiming that it was liable for the assault and the significant psychological abuse of the client by reason of negligence and breach of statutory duty as, amongst other issues, it had failed to:

  • carry out an adequate system of checking the background of staff
  • provide adequate staff training
  • carry out adequate staff monitoring and supervision
  • take adequate steps to protect the client from physical and/or sexual abuse and to prevent such abuse

Nikki claimed that the hospital was vicariously liable for the acts of its staff and the injuries caused by them. The hospital apologised and indicated that it would compensate the client.

The client had suffered significant psychiatric injury. She had become depressed and suffered anxiety and PTSD following the assault. Nikki instructed a psychiatrist to assess the symptoms and provide a medical expert’s review. The expert’s report confirmed the extent of the client’s injury and highlighted treatment recommendations to assist with her improvement.

After collating relevant evidence and encouraging the hospital to engage in reasonable settlement discussions, Nikki was able to negotiate a settlement of over £37,000 in compensation for the client.

The client was extremely pleased with the service she received and expressed her gratitude and praise for Nikki’s compassionate handling of her claim, saying:

I have nothing but praise for Graysons Solicitors. I would like to thank and recommend Graysons’ team for all the hard work they have done for me. I would recommend Graysons Solicitors in a heartbeat as they worked hard to get to the outcome we achieved. I will forever be grateful to Graysons, especially to Nikki.

“Nikki Yavari took on my clinical negligence case and she was absolutely brilliant from start to finish, going above and beyond to support me. Nikki was very compassionate about my situation and really showed she cared about me, which I appreciate wholeheartedly.
I would also like to mention Shahborna Begum and Ben Norman who also kept me updated and in the loop
.”

If you think you have been mistreated by a medical professional and wish to discuss your case to see if you might have a claim for compensation, contact our experts now. We will assess your case free of charge and advise on the potential of success. You can also find out more on our web pages.

Author: Nikki Yavari.

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