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Medical Negligence on St. Helena: Saints affected by negligent doctors

Dr. Sergio Villatoro was a surgeon entrusted with the orthopaedic and general surgical needs of St Helena’s islanders. However, unnecessary procedures and insufficient consent has emerged, causing pain and suffering for, shattering the trust of St. Helena’s residents.

After more than 3 years in his post and having carried out hundreds of operations, Dr. Sergio’s surgical interventions eventually raised concerns – not just with the Health Directorate but also with the police. It has become apparent that his actions spanned the spectrum of negligence, from botched surgeries to inappropriate and unnecessary procedures being performed and often without proper consent. As the sole orthopaedic surgeon on the island, his actions have taken a heavy toll on unsuspecting patients, leaving a trail of unanswered questions and shattered lives in his wake.

Concerns have now been raised about another surgeon, Dr. Soto, regarding potential medical negligence towards his patients. Some Saints have expressed doubts about Dr. Soto’s professional standards and qualifications. 

What happened next?

In response to the growing crisis, a medical reporting agency was dispatched to triage the mounting cases emerging. In addition, an orthopaedic surgeon from Exeter was brought to the island, hoping to address the ever increasing number of issues stemming from Dr. Sergio’s actions. However, the gravity of the situation became even more apparent when Dr. Sergio eventually pleaded guilty to numerous charges of unlawful wounding; a damning indictment of his conduct. 

Hugh James support Saints 

The medical negligence team at Hugh James is currently working on St Helena cases, representing 130 clients involving individuals who may have been affected by medical negligence. Their aim is to engage with more Saints who believe they have experienced inadequate medical care. The team is committed to ensuring that Saints are fully informed about their rights and are available to discuss the legal processes involved in making a claim. They are also addressing any misinformation within the community, providing clear guidance and support to those who may have concerns about medical negligence. 

Key Points in Focus:

  1. Extensive Impact: The number of potential clinical negligence claims spans from 50 to a staggering 450, an extremely worrying testament to the widespread consequences of Dr. Sergio’s actions.
  2. Jurisdictional Alignment: Adhering to English law, the St. Helena Government is the focal point for accountability due to Dr. Sergio’s employment by them.
  3. Judicial Shift: A significant and binding decision by the Judicial Committee of the Privy Council on January 20, 2020, established that the level of compensation for pain, suffering, and loss of amenity (PSLA) sustained by any islander on St Helena should align with the Judicial College Guidelines, the reference text used to quantify damages, signalling a seismic shift from the previous practice of reducing levels of compensation by as much as two thirds. This means that all successful claims for compensation will be at their full and proper value.

If you’ve been affected by the negligence of Dr Sergio or Dr Soto, or are considering a claim, the video below provides crucial guidance on how the process works and what to expect.

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There are time limits on making a claim, so don’t delay. A free 30 minute consultation will let you know where you stand so you can make the right decision about how to move forward.

Why choose us for your medical negligence claim?

Our medical negligence solicitors have been top-ranked by both the Chambers & Partners and Legal 500 independent legal guides for this area of the law. We are the only top-ranked firm in both directories for medical negligence in Wales and one of the largest practices in the UK. Our lawyers are highly experienced and can provide a wide range of professional services.

Medical negligence claims can be difficult to prove, so it is vital to have understanding and dedicated solicitors on your side to assist you through the process. They will try to ensure that you receive the maximum amount of compensation to which you are entitled to.

  • Hugh James is one of the leading injury compensation claim firms for medical negligence in England and Wales.
  • Per annum, we recover over £70 million in medical negligence compensation for our clients.
  • We have offices in London, Cardiff, Southampton, Manchester, and Plymouth and can represent clients without the need for lengthy face-to-face meetings.
  • We have a range of qualified staff, including a former midwife, qualified nurse executives, welfare benefits advisors, medical records officers and qualified social workers to ensure your case has the best possible chance of success.
  • We can advise you on all aspects of your medical negligence claim, which includes social services involvement, financial advice and rehabilitation.
  • We are accredited by medical negligence charity Action against Medical Accidents (AvMA) and regulated by the Solicitors Regulatory Authority (SRA).
  • Find out about our firm or check out our Trustpilot reviews for further peace of mind.

Key Contact

Ruth Powell

Partner

Ruth is a Partner and Head of our Clinical Negligence Department. She has exclusively practised in clinical negligence since qualifying in 1995 and has a wealth of experience in complex and high value clinical negligence claims.

Your questions answered

There are a number of factors that affect a surgical negligence claim. These make it difficult to give an exact timescale and are affected by:

  • The availability to collect evidence
  • Where the entity responsible admits liability
  • The nature of your injury

We will provide you with our free initial opinion in relation to your claim. After our assessment, we will tell you whether you have a reasonable chance of success, and you can instruct us to act on your behalf.

If you choose to instruct us we can offer you a no win, no fee agreement where possible, meaning you won’t be charged legal fees if you are unsuccessful. If your claim is successful, compensation will be awarded to you. A success fee will be deducted from the compensation. All other legal fees will be covered by the defendant should the case be successful.

All the financial information will be discussed with you, free of charge, before you decide to instruct us.

We will provide you with our free initial opinion in relation to your claim. After our assessment, we will tell you whether you have a reasonable chance of success, and you can instruct us to act on your behalf.

If you choose to instruct us we can offer you a no win, no fee agreement where possible, meaning you won’t be charged legal fees if you are unsuccessful. If your claim is successful, compensation will be awarded to you. A success fee will be deducted from the compensation. All other legal fees will be covered by the defendant should the case be successful.

All the financial information will be discussed with you, free of charge, before you decide to instruct us.

A “no win no fee” agreement, also known as a conditional fee arrangement, is a common practice in the UK.

It means you won’t have to pay any legal fees upfront. If we succeed with the claim, then SHG will pay our costs as well as any compensation.

Next steps

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