Our abuse solicitors helped Lauren* make a civil claim against the NHS Trust that employed the doctor who abused her when she was 11 years old.
What happened to Lauren?
Lauren, aged 11 at the time, attended Bishop Auckland Hospital in 2011 and 2012 to be assessed by Magdy Eskander for her back pains.
During these appointments and apparent ‘lymph node examinations’, Mr Eskander sexually assaulted Lauren. Mr Eskander committed several offences, including:
- Failing to adequately explain the nature of the examination to her.
- Conducting an examination of her groin without medical justification.
- Placing his hands into Lauren’s underwear.
- Indecently touching and groping her.
Lauren told her mum what happened after the incidents. Lauren’s mum spoke to another doctor about whether these incidents were a normal part of an examination into back pain. After the other doctor confirmed they weren’t, Lauren’s mum reported the incidents to the police.
Mr Eskander’s arrest and disciplinary hearing
Mr Eskander was arrested. He was charged with three counts of sexual assault of a child in relation to our client. Mr Eskander pleaded not guilty and was cleared of the charges following a criminal trial at Teesside Crown Court in 2014.
Mr Eskander faced two separate but sequential criminal investigations and trials into allegations of further sexual offences against child patients. He was acquitted of all charges.
In July 2019, Mr Eskander faced a disciplinary hearing before the Medical Practitioners Tribunal Service (‘MPTS’) in relation to the inappropriate and sexual touching of three girls (aged 11 to 14), including Lauren.
The Tribunal found that Lauren’s allegations were proved and that Mr Eskander’s actions during the examinations of her were principally to avoid detection, were sexual in nature, and did not have medical justification.
They also found that Mr Eskander’s actions amounted to sexual misconduct and that he abused his professional position of trust.
The Tribunal determined to erase Mr Eskander from the medical register after finding him impaired to practise. This means he’s unable to practise.
How did this impact Lauren?
Lauren was left with anxiety and PTSD that continues to impact her to this day.
At the time of the abuse, she was in school. She failed to finish GCSE science or history despite being good at both. The stress was too much for Lauren and she ended up dropping several subjects.
Lauren still struggles with hospital visits. She can’t undress for medical examinations because of the memories it brings back.
She also developed an eating disorder in 2018 and became severely underweight. Lauren has fortunately managed to regain some weight and is doing much better.
How did Irwin Mitchell help Lauren?
Joe Matchett, a solicitor in our medical negligence and abuse team, led Lauren’s civil claim against County Durham and Darlington NHS Foundation Trust.
We instructed an independent consultant psychiatrist to assess Lauren and to report on the impact of the abuse on our client. Given Lauren’s young age at the time of the abuse, her education was derailed, and she didn’t achieve the qualifications she was predicted.
This led to Joe and the team instructing an independent consultant educational psychiatrist to assess Lauren. The consultant reported on the educational impact of the abuse on her. They found that Lauren would otherwise have attended a Russell Group university and this allowed a claim for the loss of Lauren’s graduate earnings.
The Trust admitted liability nine months after we served them with a Letter of Claim. They admitted they were indirectly liable for Mr Eskander’s actions as it employed him as a consultant orthopaedic surgeon.
In May 2023, Lauren agreed to settle the claim for £250,000. This money will help Lauren pay for therapy that was recommended by our psychiatric expert. She also plans to use the money to fund her return to higher education or to purchase a property.
Expert opinion
On Lauren’s case, Joe said: “The abuse Lauren experienced is something no one should have to go through.
“She was a child who trusted a medical professional to assess her back pain. Sadly, this trust was abused.
“No money will make up for what happened, but it’ll help her access the support she needs and be financially secure in the future.”
Comment from Lauren
On her claim, Lauren said: “Joe Matchett at Irwin Mitchell helped to bring me some closure surrounding my case.
“The settlement has been life changing; it has opened many opportunities for me that I may not have had otherwise, such as the ability to buy a house.
“It's hard to put into words what it means to me. Of course, there are still times where I'll struggle with my PTSD and anxiety, but now I can look towards the future knowing that I received the help that I needed from Irwin Mitchell."
*Not real name used.
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