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    Psychiatric Illness and Clinical Negligence: When Can “Secondary Victims” Successfully Claim for Damages? Recent Developments from the United Kingdom


    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
    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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