Personal Injury Compensation

Secondary victims suffering psychiatric injury following clinical negligence

Paul and Another v Royal Wolverhampton NHS Trust; Polmear and Another v Royal Cornwall Hospitals NHS Trust; Purchase v Ahmed [2024] UKSC 1

Many secondary victim claims for the negligence of a tortfeasor who has caused injury to someone closely connected to the claimant will fail in future as a result of the decision in Paul v Royal Wolverhampton. This suggests a step backwards, even from the restrictive rules set out in Alcock v Chief Constable of South Yorkshire. It is of particular significance where the claimant's injury was caused by witnessing the death or injury of a close relative, not in an accident, but from a medical condition which the defendant had negligently failed to diagnose and treat.

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