Secondary victim claims: Is the tide turning?

Tom Gibson discusses case law – and settlements – in the complicated area of psychiatric injury claims by secondary victims ‘Tomlinson LJ’s fourth criterion – that a claimant must have suffered a diagnosable psychiatric illness that was caused by a “sudden shocking event” – tends to be the most difficult requirement for claimants to satisfy.’ …
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Case review: Clinical negligence update

Dr Simon Fox QC provides a summary of all the important cases from 2017 ‘In ABC, the court considered the public interest, duty of confidentiality to the father, undermining of the doctor-patient relationship, pressure on patients to agree to disclosure, psychiatric harm to non-patients, burden on medical staff and incremental manner of development of the …
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Case Report: RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB)

Shoulder dystocia; secondary victims; psychiatric injury; destruction of medical records ‘The essence of the case was that the infant claimant could have been and should have been born sooner (at least six minutes), in which case she would have avoided all injury. The defendant denied all of the allegations.’In this case, the infant claimant had …
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