header-logo header-logo

16 January 2024
Issue: 8055 / Categories: Legal News , Professional negligence , Personal injury
printer mail-detail

Psychiatric injury claims clarified

Doctors are not liable for psychiatric injuries suffered by their patients’ relatives, the Supreme Court has ruled

The justices held by a 6–1 majority, Lord Burrows dissenting, that no duty of care was owed, in three conjoined cases: Paul and another v Royal Wolverhampton NHS Trust; Polmear and another v Royal Cornwall Hospitals NHS Trust; and Purchase v Ahmed [2024] UKSC 1. Each claim concerned allegations of negligently failing to diagnose a life-threatening condition thus later causing the relatives’ psychiatric injuries arising from witnessing the patient’s death or the immediate aftermath.

Jonathan Fuggle, partner at Browne Jacobson, which advised NHS Resolution in Paul and Purchase, said: ‘For many years the law relating to claims for psychiatric harm has developed in a piecemeal way through case law that seemed to conflict.

‘The decision by the Supreme Court provides welcome clarity for lawyers and their clients.’

Delivering the lead judgment, Lord Leggatt and Lady Rose said a duty of care required both reasonable foreseeability of harm and proximity in the relationship. They found insufficient proximity existed.

They highlighted the risk that hospitals treating dying patients might begin to usher relatives out of the room to avoid potential liability. While acknowledging the impact of witnessing a relative’s death, they noted: ‘Such an experience is not an insult to health from which we expect doctors to take care to protect us but a vicissitude of life which is part of the human condition.’

Michael Mather-Lees KC, of Church Court Chambers, said: ‘The Supreme Court had to draw a line as to what is or is not a foreseeable event in the context of clinical negligence, and on potential damages for an unrelated third party.

‘While the court was right to limit the possibility of continued satellite litigation from an initial negligent act, time will tell if this was the correct place to draw the line.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll