Dr Sergio And Dr Soto Surgical Negligence Cases On St Helena

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

The St Helena clinical negligence claims have reached an important stage.

A recent Judicial Review application which challenged the costs ordinances that the St Helena Government enacted without consultation in July of 2025 has been resolved. We challenged the costs ordinances because they fundamentally restricted affected individuals access to justice.

A matter of days before the Judicial Review hearing was to take place, the Government of St Helena amended the legislation to address all of our challenges. This was a huge and unprecedented victory for Saints and should make it easier for claims to continue.

The changes include clearer rules around the availability and enforceability of Conditional Fee Agreements, the recoverability of After the Event insurance premiums and legal costs more generally. Whilst this is a positive development for access to justice, it will not enable us to resolve the compensation claims.

Immediately following their acceptance that the legislation they had passed was unconstitutional and invalid, the Attorney General of St Helena himself made settlement offers directly to some of our clients. These offers were made without the benefit of any medical records or expert evidence and did not take any financial losses into account.

The claims remain complex and need through investigation. This includes reviewing all the medical records, instructing medical experts to provide reports on the standard of care provided and the injuries caused by any negligence. We must then investigate and assess the impact that any negligence has had on each person to include any future treatment needs, travel costs, loss of earnings and wider effects on families.

Our Judicial Review was significant and successful in that an important barrier to progressing the claims has been removed. The focus now is on obtaining ATE insurance, gathering evidence, assessing each claim properly and calculating the true value of the claims.

Speak to our St Helena claims team

If you believe you may have been affected by negligent treatment involving Dr Sergio, Dr Soto or any other clinicians on St Helena, talk to our specialist team today.

Concerns were raised regarding surgical treatment carried out by Dr Sergio Villatoro Bran during his time working as a surgeon on St Helena between 2016 and 2021. These concerns related to orthopaedic and general surgical procedures performed on patients, some of which were performed without consent, some of which were unnecessary and many of which were performed negligently. A significant number of his patients have suffered serious and long term injuries as a result.

We are also aware that allegations of sexual assault were made against Dr Bran however, he was not formally charged over these.

Police investigations into his activity on island later led to criminal proceedings, and ultimately Dr Bran pleaded guilty to five charges of unlawful wounding in May of 2023.

Concerns have also been raised by some patients regarding treatment provided by another surgeon who practised on island at around the same time – Dr Carlos Soto, many of whom believe they have received negligent treatment from him.

Our team is currently acting for approximately 145 Saints who have potential clinical negligence claims arising from the treatment they received.

Who may be eligible to make a claim?

You may be eligible to make a claim if:

You underwent surgery carried out by Dr Sergio, Dr Soto or any other medical professional whilst you were in St Helena
Your condition worsened after treatment
You experienced avoidable complications or ongoing pain
You believe you did not give fully informed consent
You required further corrective treatment
You suffered financial losses because of your treatment

If you are unsure whether you may have a claim, our team can provide an initial assessment during a free consultation.

How Hugh James supports Saints

We understand that many people may have concerns about their treatment and queries about whether their experience may amount to medical negligence.

Our role is to:

Explain your legal options clearly
Help obtain and review medical evidence
Advise whether you may have grounds for a claim
Support access to compensation where negligence is established
Provide practical guidance throughout the legal process

We are also helping address misinformation by providing clear and accurate legal information to individuals and families affected by these issues.

Why these claims are significant

The claims that have arisen from alleged negligent treatment provided on the island of St Helena has attracted substantial legal, political and public attention because of the scale of the alleged harm within a very small island community of fewer than 5,000 people.

Our team became formally involved in the litigation around 2022 and has since undertaken repeated visits to the island to meet clients and investigate claims in person. Reporting from St Helena media – The St Helena Independent, The Sentinel and Saint FM – confirms that our partners and specialists fist travelled to the island in September 2023 specifically because of the scale of potential claims emerging. They have been back to the island 8 times since then.

Key legal considerations

Claims involving medical treatment on St Helena are assessed in accordance with the principles of English law.

A significant Privy Council decision of 2020 (Attorney General of St Helena v AB & Ors (St Helena) [2020] UKPC 1 confirmed that compensation awarded to St Helena residents should align with Judicial College Guidelines used in England and Wales.

This means successful claimants are entitled to compensation assessed at the same level as equivalent claims within England and Wales.

Why choose Hugh James

Our medical negligence solicitors are recognised by both Chambers & Partners and The Legal 500 and we are one of the UK’s leading medical negligence teams, recovering more than £70 million in compensation annually for clients.

Our team has extensive experience and expertise in relation to claims against the St Helena Government and have are just about to visit for the 10^th time. We generally visit the island every four to five months.

Why clients choose us:

Specialist medical negligence solicitors
Extensive experience handling complex claims
Ranked by Chambers & Partners and Legal 500
Accredited by Action against Medical Accidents (AvMA)
No win, no fee funding available in appropriate cases
National team supporting clients across the UK and overseas

We also work closely with medical experts, rehabilitation specialists, welfare advisors, and support professionals to ensure clients receive practical support throughout their claim.

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.

FAQs

There are strict legal time limits for bringing a medical negligence claim. It is important to seek legal advice as soon as possible.

The timescale depends on the complexity of the medical evidence and whether liability is admitted. Some cases resolve within months, while more complex claims can take longer.

In many cases, we can support clients remotely by telephone or video call.

Compensation may include awards to reflect :

General damages

Pain and suffering

Special damages

Corrective treatment costs
Loss of earnings
Care and support needs
Travel and medical expenses

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.

St Helena surgical negligence claims