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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll