Clinical Judgments by Key issue: Secondary Victims

Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12

Date
13th January 2022
Court
Key Issues
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Judge
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The Court of Appeal has now handed down judgment in the conjoined appeals of Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed. The appeals centre upon the ‘secondary victim’ criteria for psychiatric injury in Clinical Negligence claims, with the Court of Appeal finding itself bound by its decision in Taylor v A Novo […]

King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB)

Date
16th June 2021
Court
Key Issues
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Judge

The case of King v Royal United Hospitals Bath NHS Foundation concerned a claim brought by a father who experienced PTSD after seeing his newborn son in NICU with a doctor saying “we might lose him”. The claimant was found to not have satisfied the fourth control mechanism established in Alcock v South Yorkshire Police: […]

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB

Date
5th February 2021
Court
Key Issues
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Judge

The case of Polmear is the latest in a series of cases in which the limits of the application of the Alcock control mechanisms are being considered in the clinical negligence context. The Defendant’s attempted strike out of the Claimants’ secondary victim psychiatric injury claims failed – but an appeal is being heard, along with […]

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