When pursuing a clinical negligence claim, it’s natural to want justice for the harm suffered. But honesty is not just a moral obligation—it’s a legal one.
The BBC has reported on a recent case involving a Claimant who exaggerated her injuries. The story serves as a stark reminder of the serious consequences of dishonesty in legal proceedings.
Woman jailed for lying about £3m hospital claim
A BBC news story published this week looks at the case of a woman who dishonestly sued a hospital trust for more than £3m, claiming negligence.
The woman brought a claim against Northern Lincolnshire and Goole NHS Foundation Trust in 2019, alleging negligence in the treatment of her Cauda Equina Syndrome.
She sought over £3 million in damages, claiming significant mobility issues and limitations in daily life.
However, surveillance footage revealed a very different reality: the woman was seen walking unaided and engaging in activities inconsistent with her reported symptoms.
In her legal claim, the woman said that the alleged negligence by the hospital had meant that she “can’t do anything” but the reality was very different.
The trust’s barrister told the Court that the woman had in fact made a good recovery and she was “deliberately fabricating or grossly exaggerating her symptoms” in order to win more compensation.
The trust began contempt of Court proceedings against the woman in 2023.
In July of this year, the woman was admitted to contempt of Court and said she knew what she had done was wrong.
Whilst her legal team argued that she should not be jailed, the Ccourt disagreed.
The Judge said the offending was “at a serious level that crosses the custodial threshold.”
The judge went on:
“You deliberately lied to all these medical experts, leading them to believe that you were unable to do very much at all and that you were a person with significant support and accommodation needs.”
As a result, the woman was sent to prison for her actions and dishonesty.
What can be learnt from this case?
This case certainly highlights the issue of fundamental dishonesty and why it is so important to be honest and open when bringing a claim in clinical negligence proceedings.
Let’s look at this in more detail.
What is fundamental dishonesty—and why does it matter?
In clinical negligence claims, the term fundamental dishonesty has a specific legal meaning.
It refers to situations where a Claimant has been dishonest in a way that goes to the heart of the claim—such as exaggerating injuries, fabricating losses, or misleading the Court or experts.
Under Section 57 of the Criminal Justice and Courts Act 2015, if a Court finds that a Claimant has been fundamentally dishonest, it can strike out the entire claim, even if parts of it are genuine. The Claimant may also be ordered to pay the Defendant’s legal costs and could face criminal proceedings for contempt of Court.
What is contempt of Court?
Contempt of Court occurs when someone acts in a way that interferes with the administration of justice. In civil proceedings, this can include:
- Knowingly making false statements
- Misleading the Court or experts
- Failing to comply with Court orders
In clinical negligence cases, where expert evidence is crucial, dishonesty can undermine the entire process and lead to severe penalties.
Why this matters to you as a Claimant
If you’re considering or pursuing a clinical negligence claim, here’s what you need to know:
- Be truthful in all communications: Whether speaking to your solicitor, medical experts, or the Court, honesty is essential.
- Understand the risks of exaggeration: Even if some symptoms are genuine, overstating them can lead to your claim being dismissed—and worse.
- Trust the process: Your legal team is there to present your case accurately and fairly. Misleading them can damage your credibility and your claim.
The bigger picture
Clinical negligence claims are not just about compensation—they’re about accountability and justice. But they must be pursued with integrity.
At Nelsons, we are committed to supporting clients through every step of their clinical negligence journey. We understand the emotional and physical toll these cases can take. But we also know that honesty is the foundation of a successful claim.
If you have questions about your case or want to understand more about the legal process, please get in touch. We’re here to help.
How can we help?
Danielle Young is a Partner in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. She specialises in pregnancy and birth injury claims (including cerebral palsy), brain injury claims, fatal claims, surgical error claims, and cauda equina injury claims.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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