A Harley Street doctor dubbed the “Boob God” is suing a former patient – and Free Speech Union (FSU) member – who signed a non-disclosure agreement (NDA) prohibiting her from complaining about her care or providing information to regulators. The Times has the story:
Katy Morgan, an influencer and model, suffered complications after entrusting Dr Riccardo Frati, a plastic surgeon, with an operation in April 2021. She now faces legal action for breaching an NDA she claims she signed while heavily medicated on opiates.
Manchester Civil Justice Centre heard in January that Morgan, a single mother of two, maintained she was unaware she had signed the contract before making a series of “disparaging comments” about Frati on social media in 2023. The agreement, which included a financial settlement, barred her from publicly disclosing any information about her treatment or providing any information to regulators.
The General Medical Council (GMC), the independent regulator for doctors, told The Times that an NDA “does not prevent us from investigating concerns that are reported to us, even where there is one in place”. A spokesman said that while he could not comment on individual cases, the GMC had “a legal duty to consider all concerns, regardless of the circumstance, and we take this responsibility very seriously”.
Morgan’s legal team argue that the case should be thrown out on the basis that the clause preventing Morgan from complaining to regulators is unenforceable and ought to render the agreement invalid. They added that the settlement was extracted from the influencer without legal advice, with “undue influence” and when she was not in a fit state to agree to it.
Summarising her witness evidence, Judge Ivan Ranson said Morgan described being “totally off my head on opiates on the day I signed it”, a claim she says is substantiated by her medical records. Frati’s lawyers said the records needed to be “scrutinised as to their legitimacy”.
In September 2023 the surgeon succeeded in getting an interim injunction against Morgan, arguing that she had breached the terms of the NDA through her social media comments. Her legal team claims the settlement with Frati infringes Morgan’s right to free expression under Article 10 of the European Convention on Human Rights.
The court heard how the influencer, who suffered from “severe anxiety”, had previously been unrepresented in proceedings but had since secured support from the Free Speech Union (FSU). The campaign group described the case as “deeply alarming”.
“It’s imperative that people like Katy are able to share their stories openly,” said Bryn Harris, the FSU’s chief legal counsel. “No contract, not even one issued by the Boob God himself, should shield powerful professionals from accountability and we are confident the court will agree.”
Worth reading in full.
