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16 January 2024
Issue: 8055 / Categories: Legal News , Professional negligence , Personal injury
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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.’

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Jurit LLP—Caroline Williams

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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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