Disabled Woman Who Was Sexually Abused Whilst In Care Wins Case After Suing for Neglect

Suing for neglect

Our client, Maria*, is a young woman with cerebral palsy and an intellectual disability. She received a significant settlement after coming to our Sydney law firm for legal representation. She suffered neglect and sexual abuse whilst she was in care. This case demonstrates the critical need for accountability in caregiving by suing for neglect.

Suing for neglect and sexual abuse in care

Maria requires constant personal care meaning she is very vulnerable. However, she faced severe neglect and abuse from her caretakers. The organisation delayed administrating necessary medical treatment. As a result, Maria had to endure a painful surgery. Additionally, a staff member sexually abused her over several years.

With O’Brien Criminal & Civil Solicitors’ support, Maria’s family sought justice.

Suing for neglect

Disabled woman sues caregivers

Maria, who is mostly non-verbal and uses a wheelchair, relied entirely on her caregivers. Unfortunately, they failed her. In 2019*, Maria developed a severe health impaction due to their neglect. The delay in seeking medical help led to a surgery that could have been avoided with timely intervention.

In addition, a staff member sexually abused Maria for three years. This abuse deeply impacted her, both physically and emotionally. Despite this, the caregiver was found not guilty by a jury in 2018*. However, the organisation was still vicariously liable for their employee’s actions.

O’Brien Criminal & Civil Solicitors pursued legal action against the company for personal injury and vicarious liability. The case involved complex issues and witness testimonies. During mediation, our lawyers successfully settled the claim against the organisation providing the care on behalf of our client. They agreed to pay Maria significant compensation for the injuries and legal costs incurred.

Case outcome: Suing for neglect and sexual abuse

Maria’s family received substantial compensation. This settlement not only provided financial relief but also spared Maria’s mother from the stress of a prolonged trial.

Need a Civil Lawyer for suing for neglect?

If you or a loved one has suffered due to negligence or abuse, seek legal advice immediately. Enquire online by emailing or call O’Brien Criminal & Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office. Your path to justice and compensation starts here.

Read our other successful Civil Law Case Studies here.

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O’Brien Criminal & Civil Solicitors
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p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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