Dove, Edward (2024) Psychiatric Illness and Clinical Negligence: When Can “Secondary Victims” Successfully Claim for Damages? Recent Developments from the United Kingdom. Journal of Bioethical Inquiry, 21 (2). pp. 217-224. ISSN 1176-7529
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Abstract
On January 11, 2024, the United Kingdom (U.K.) Supreme Court rendered its judgment in Paul v Royal Wolverhampton NHS Trust , restricting the circumstances in which “secondary victims” can successfully claim for damages in clinical negligence cases. This ruling has provided welcome clarity regarding the scope of negligently caused “pure” psychiatric illness claims, but the judgment may well prove controversial. In this article, I trace the facts and opinion from the majority and also discuss an important dissenting opinion. I then reflect on what the ruling means for psychiatric illness claims by secondary victims, and more broadly on the implications for clinical negligence law. I suggest that while much-needed clarity has been injected in this area of the law, it is difficult, reading the majority of the Supreme Court’s emphasis on the restricted scope of a medical practitioner’s duty, to envision a scenario in which secondary victim could ever succeed in a clinical negligence context.
Item Type: | Article |
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Keywords: | Accident; Clinical negligence; Duty of care; Negligence; Secondary victims; Tort; |
Academic Unit: | Assisting Living & Learning,ALL institute Faculty of Social Sciences > Law |
Item ID: | 19834 |
Identification Number: | 10.1007/s11673-024-10346-y |
Depositing User: | Edward Dove |
Date Deposited: | 20 May 2025 13:41 |
Journal or Publication Title: | Journal of Bioethical Inquiry |
Publisher: | Springer |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19834 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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