The Claimant suffered a soft tissue injury to the neck and was referred to a clinic for physiotherapy. During the physiotherapy session, the Claimant suffered a physical sexual assault by the physiotherapist who was employed by the clinic. As a result of the incident the Claimant suffered a significant psychological reaction.
A Letter of Claim was sent to the clinic which included detailed allegations that the Defendant, its employees or agents, were negligent and/or in breach of statutory duty in that it:
(a) exposed the Claimant to a danger or a foreseeable risk of injury;
(b) failed to provide or maintain sufficient control over staff so as provide for the safety and well-being of its patrons in particular the Claimant;
(c) failed to take any or any adequate care for the safety of the Claimant.
An admission in relation to vicarious liability was received from the Defendant. In order to support the Claimant’s position careful investigations were made into an appropriate medical psychiatric expert to instruct to provide an opinion in relation to the Claimant’s psychological injuries. The medical evidence confirmed that as a result of the incident, the Claimant had experienced symptoms of Post-Traumatic Stress Disorder and had developed a moderate depressive episode. The Claimant had received antidepressant treatment. Her depressive symptoms had not fully resolved and she had not been able to return to work or to maintain her usual activities and social and leisure interests.
A conference with a barrister was arranged in order to discuss the value of the claim. The claim eventually settled in the sum of £113,000.00 in full and final settlement of the claim.