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24 April 2008
Issue: 7318 / Categories: Features , Child law , Professional negligence , Mental health
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Doc Brief

Protecting the detained patient >>
Misreading signals >>
Births and injuries >>
Madness in child care >>

Protecting the detained patient

One  common misconception, now being rapidly dispelled, is that a hospital is always a safe place to inhabit. Mental disorder poses particular risks; some 150–200 in-patients are believed to kill themselves each year while being in hospital. Human rights legislation has added a new dimension to considerations of a hospital’s duty of care to protect patients. The matter came up for discussion in Savage v South Essex Partnership NHS Foundation Trust and Another [2007] EWCA Civ 1375, [2007] All ER (D) 316 (Dec).

Mrs Savage had suffered from a mental illness which led to her being compulsorily detained under s 3 of the Mental Health Act 1983 (MHA 1983). It transpired she had had a long history of mental illness and had made numerous attempts to leave hospital. One day she absconded from the hospital holding her, walked to a railway station and jumped in front of a train and was killed. Her daughter sought damages against the responsible hospital trust claiming that they

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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