Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

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Law Pod UK, 1st February 2024

Source: audioboom.com

Lord Briggs, Liability for Mental Injury – Supreme Court

Posted January 23rd, 2024 in negligence, personal injuries, psychiatric damage, speeches by tracey

‘Lord Briggs, Liability for Mental Injury, Chichester University Lecture.’

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Supreme Court, 19th January 2024

Source: www.supremecourt.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Sexual violence victims in UK forced to wait years for counselling and support – The Guardian

‘Victims of sexual violence in England and Wales are facing waits of up to two and a half years for counselling, help with the legal system and trauma therapy, according to figures obtained by the Observer.’

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The Guardian, 16th July 2023

Source: www.theguardian.com

Church abuse victims risk new trauma over payout scheme – report – BBC News

‘A support scheme set up for Church of England abuse survivors risks re-traumatising victims, a report seen by the BBC has concluded.’

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BBC News, 1st June 2023

Source: www.bbc.co.uk

NHS trust pays woman damages after son’s body left to decompose – The Guardian

Posted February 13th, 2023 in bereavement, damages, families, hospitals, mental health, news, psychiatric damage by tracey

‘A woman has been paid damages by an NHS trust after developing post-traumatic stress disorder when a mortuary allowed her son’s body to decompose to such an extent that relatives were advised not to view it, the Guardian can reveal.’

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The Guardian, 12th February 2023

Source: www.theguardian.com

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Healthcare Enabled Fraud – 3PB

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches – Ropewalk Chambers

Posted August 16th, 2022 in damages, data protection, news, psychiatric damage by sally

‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’

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Ropewalk Chambers, 26th July 2022

Source: www.ropewalk.co.uk

Case against rugby union governing bodies on dementia destined for courts – The Guardian

‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’

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The Guardian, 25th July 2022

Source: www.theguardian.com

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

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The Guardian, 14th April 2022

Source: www.theguardian.com

Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent

Posted March 10th, 2022 in burials and cremation, news, personal injuries, psychiatric damage, widows by tracey

‘Kathleen Walsham is suing funeral giant Dignity for psychological personal injury after she claims she was told in 2016 that her husband’s remains had been buried 10 miles away in Essex.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog

Posted January 20th, 2022 in hospitals, negligence, news, psychiatric damage, third parties by tracey

‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’

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Ropewalk Clinical Negligence Blog, 18th January 2022

Source: www.ropewalk.co.uk

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Bus driver jailed for crashing double decker carrying 74 children into bridge – The Independent

‘A bus driver has been jailed after injuring 41 children by crashing a double-decker into a railway bridge.’

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The Independent, 10th July 2021

Source: www.independent.co.uk