To actually go to the High Court

[Blue4YOU]

I have a matter of days to make an application.

I had decided to just let it slide as the Ombudsman is looking into the matter.

but today I received an email from the defendant requesting documentation from my (successful criminal injuries claim).

The background: I was sexually assaulted by a doctor (minor sexual aspect), very long lasting PTSD. My disabled DD was present. The hospital has been appalling. The GMC sat on the fence - accepting I “genuinely believe “ I was sexually assaulted but decided that isn’t enough to say I was. I have 2 reports from independent clinical psychologists, GP records etc that confirmed the diagnosis.

I’m utterly thrown by the persistent behaviour of the hospital’s solicitor (I suspect they in fact know I “could” be successful).
but I can’t risk losing money - I’m a carer for my disabled DD and while my husband works, he does not earn much and we have to extend our house to cope with my DD’s needs.

thoughts? Am I unreasonable to risk it? I think I am but justice is hard to give up on!

I don’t know the financial implications of a High Court case so can’t offer any advice.
But I would say you are wise to be very, very aware and cautious of the hospital’s solicitors. A few years ago I had to attend an inquest. I was shocked, horrified at how the Health Trust’s solicitors got written evidence withdrawn from the inquest ( I’m still not sure how they did it but they did) and prevented a key witness attending. A child had died and I understand the parents later pursued a case against the HT. However, it did not seem to affect the staff involved as they had moved to similar jobs in different areas geographically and there was no disciplinary action taken just “lessons have been learnt” statement, which was in the press sometime later.

Thank you! I hear that!
experts at turning things against the victim.
Just awful.
I’m trying to talk myself down from the anger from their letter today.

I had something similar and my GP asked me was it worth it? The stress, the money, the not being able to move on. What happens if you do lose? How will you find the money for the other party's costs and they will be HUGE. Unless you can find one of those "no win no fee" companies, please don't go ahead.

I know what you have gone through is horrific but sometimes the bullies win.

Yeah that’s what I’m thinking @RedDiamond . They know that too.
it’s weird that they are pursuing me for evidence when they claim to have the upper hand.

This sounds like a really difficult decision, OP. It is especially difficult when those in authority and responsibility look like getting away with it/suffer no consequences, whilst our suffering continues.

From my own personal experience (SA of a DC when in care), we had to make the decision of not following further court-cases due to the negative impact it would have on DC, who would have to testify and relive the experience, and on us as a family, both emotionally and financially. It was not an easy decision, and one I still occasionally struggle with, but it was right for our family. It hurts to think of others suffering something similar, and the people in authority burying it, and I have no good answer for that. In the end, though, it isn't fair what has happened to you, and I wish you all the best in making a decision that brings you and your family peace.

You should be speaking with a solicitor. Getting anonymous legal advice on the internet (and especially Mumsnet) is generally a terrible idea.

@Ratrick thanks. I thought I’d said I previously had a solicitor but of course I know it’s not wise to get legal advice from the internet.. and I wasn’t asking for it!
I’m trying to weigh up the potential losses against the potential relief of my mental health problems- because every time I think I’m getting better something happens with that hospital (or it’s solicitors - eg trying to refuse my daughter entry to A and E when she had numerous lung infections) I get riled up all over again.
I really sometimes wish I’d never ever complained to the hospital/police/GMC because the doctor got promoted… I got PTSD

I took a medical case to the high court and it is the single most stressful experience of my life. It took years. I was fully funded with a conditional fee agreement, under no circumstances could we have funded the case privately. Unless you are very wealthy indeed I suspect you can’t either.

The trail left me with PTSD. I did win which helped and did gain financially but I suggest you speak with your solicitor about the funding before you decide anything. A full trail runs to 100s of thousands.
Being cross examined is unbelievable stressful.

so while it may be the right thing to do, it may not be the catharsis you seek.

Thank you all for responding. I know it’s be very stressful- to be fair the last three years dealing with this has been. I’ve been interviewed by the police, the GMC, two clinical psychologists and the hospital. None pleasant.
I suppose it’s so personal (on top of being SA with my daughter in the room) because there was a huge aspect of grooming and I’ve lost friends and fallen out with relatives. If it were an easy case I’d have gone to court before now, but it isn’t.
In a previous job I cross examined people and have presented in the High Court (though at Tribunal level). I think I can handle it but again I could be wrong. I don’t think I can risk it

@Blue4YOU feel free to pm me if you’d like to chat. It’s a very difficult situation and not many people will really understand.

@MatildaTheCat

thank you so much! I will do.
The solicitor for the hospital is actually willing to engage with me - at their suggestion- so I’m prepping for that!

thanks again

What do you want from this matter? Genuine question, because I think that may effect responses (ie will you get what you want if you go to court).

When you say go to the high court are you bringing a personal injury claim or something else?

@LillyDeValley
i can only make a civil claim for compensation.
the police didn’t take the case to CPS.
so, really what I want is recognition that this assault did take place - but the only avenue available to me is civil action.
I suppose analogous to OJ Simpson case; failed in criminal court, successfully found guilty on the lower standard of proof in civil claim (from the claimant perspective I mean).
Monetary compensation is only worthwhile to cover the therapy costs and medication costs but that’s the system I have to work with/we all work with.
It is not a medical negligence claim: it’s a PRSD claim following assault by a doctor

Sorry PTSD caused by assault by a doctor and the response from the Trust