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12 June 2008 / B Mahendra
Issue: 7325 / Categories: Features , Personal injury , Mental health
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Doc brief

Trauma
Assessment
Mental Disorder

Earnings loss after trauma

In Jones (Administratrix of the Estate of Bron Bawdon- Jones) v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558, [2008] All ER (D) 313 (Mar), the claimant, then aged 31, had given birth to a baby girl. It had been a protracted and complicated labour, the baby eventually being delivered by vacuum extraction. It had suffered severe brain damage as a result of lack of oxygen. It was said to have been effectively dead at birth but had been resuscitated. The prognosis was hopeless and life support had been turned off after she had survived just 25 hours.

The defendants had admitted breach of duty. The issue was in relation to damages for personal injury sought by the claimant who alleged significant and ongoing psychiatric injury and consequential losses including loss of earnings and pension loss. The defendants contested these claims with vigour.

Conflicting evidence
The psychiatric evidence that was produced was conflicting. One expert had said the claimant had suffered post traumatic stress

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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