[2] Cf Werb v Solent NHS Trust (Master Roberts, 15 March 2017, unreported). For nearly 30 years, the law has sought to constrain the ability of secondary victims – those who suffer psychiatric injury not by being directly involved in an incident but by witnessing (or fearing) injury to a primary victim – to make personal injury claims for themselves. The first is witnessed by his mother, the second by his father and the third by his sister, all of whom suffer psychiatric injury. The decision in RE should not come as a surprise to those familiar with the similar case of Tredget -v- Bexley Health Authority 1994, in which both parents were awarded damages for nervous shock after witnessing their son’s traumatic birth and death two days later. In fact, as appears from the judgment of Master Cook, it does not seem to be the case that Mr Paul’s collapse in 2014 was the first “manifestation” on any view. Presumably none of them could succeed. The criteria for bringing a secondary victim claim was set out following the Hillsborough disaster, when Primary victims were defined as those directly involved in the events that had caused life threatening injuries. On 20 November 2020, NHS England wrote to all NHS trusts with a clear instruction to implement a plan to vaccinate their workforce. sufficiently horrifying) “event” (or its “immediate aftermath”) is a necessary condition for liability, the word is used, in a second and separate sense, to describe the secondary victim’s propinquity in time and space to an event which is necessary to enable the secondary victim to maintain an action against the tortfeasor, a shorthand description of which would be “proximity in fact”. He was therefore “worse off” than he would have been but for the defendant’s negligence; this was “damage” sufficient to complete his cause of action in anyone’s language[4]; cf Grieves v FT Everard & Sons Ltd (the pleural plaques litigation)[5] and Dryden v Johnson Matthey plc.[6]. This report examines psychiatric damage claims for secondary victims, who face restrictive controls which have limited the amount of meritorious claims significantly. If you have any comments, please do let us know. Nor is it easy to understand, for the purpose of distinguishing Taylor v Novo,  the principled distinction between injury which is “manifest” or “evident”, (presumably to the naked eye), and one which is visible only via an angiogram or EEG or some other form of scan. 4th June 2020. But if such be the case Mr Paul clearly had suffered damage due to the defendant’s breach of duty before his collapse. 19th June 2017 | Joanne Gosney. In 1968 Quintin Hogg Q.C. In a medical perspective this would be a patient harmed by their medical treatment. These would surely be arbitrary and, more importantly, unprincipled consequences. for them to be Donoghue v Stevenson “neighbours”. Even if Mr Paul’s coronary artery disease (which on the claimants’ case should have been successfully treated) had not “manifested” itself to him or anyone else, it would ex hypothesi obviously have been visible on a coronary angiogram. The Regulations impose a cap of £95,000 (the cap) on exit payments in the public sector. Archive • 15.06.2020 • . In this article, Ronald Walker QC gives his thoughts on why he considers that the recent appeal case of Paul v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 was wrongly decided. However, a secondary victim is someone who suffers psychiatric injury due to witnessing negligence to a primary victim, but who was not at risk of physical injury themselves. Accordingly, she was not a separate legal entity and the mother was a primary victim. So it would not arise in a case where, for example, a garage negligently serviced a car, which negligence caused the brakes to fail and the owner to drive the car off a cliff some time later. The editors reserve the right to delete comments without notice and accept no responsibility for the content of comments. In addition to this, under paragraph 7, schedule 5 of the Coroners and Justice Act 2009, the coroner also has an ancillary duty to report about deaths with a view to preventing future deaths. Her daughter, who suffered psychiatric injury as a result of witnessing the death, sued as a secondary victim. RE’s mother brought a claim as a primary victim on the basis that RE was injured before delivery and had no separate legal entity whilst she remained in utero. However, in secondary victim actions, where the claimant’s perception of a qualifying (i.e. Had that approach been adopted the judge should surely have concluded that the claims were bound to fail. You can also access our webinar resources which are designed specifically for our health clients - covering topics that may affect you. It did not, therefore, arise in any of the House of Lords cases, McLoughlin, Alcock, Page v Smith, Frost v Chief Constable of South Yorkshire Police, in which the elements of secondary victim liability had been judicially defined. The coroner’s primary duty is to decide how somebody came about his or her death. Each month our health team will update you on key recent developments, and look ahead to what’s coming up in your sector. Case Note on Paul & Anr v … Although the owner’s cause of action in contract arose when the work was negligently performed, his cause of action in tort did not arise until he drove the car off the cliff. James Marwick. on the ground that the claimants had no real prospect of succeeding. Secondary victim claims in clinical negligence actions 24 Jun 2020 In 1968 Quintin Hogg Q.C. In the example of the epileptic child above postulated, why should only the first observer succeed and the others not? Also, supposing medical evidence established that the child must have had an earlier, unwitnessed, fit. This Practice Note reviews the lead case of Alcock v Chief Constable of Yorkshire Police and considers the criteria which secondary victims must satisfy to successfully obtain damages following an accident involving the primary victim. Our expertise and experience mean that we understand the issues you face and the clear and practical advice that you require, especially as services and systems become more integrated. Having allowed the claimants’ appeal on the narrow ground that, on the face of the claimants’ pleaded case, it was arguable that no tort had been committed prior to January 2014, the judge went on to consider what the position was if the defendant’s negligent failure of diagnosis had given rise to actionable damage at the time. Home > News > Appeal allowed against Strike out of Secondary Victim claims arising out of Clinical Negligence. However, a primary victim’s immediate family member may become a secondary victim, if they actually witness the negligence and then suffer psychiatric injury. ( Log Out /  As it was expressed in Liverpool Women’s Hospital NHS Foundation Trust -v- Ronayne 2015 - ‘a visitor to a hospital is necessarily to a certain degree conditioned as to what to expect... what is required in order to found liability is something which is exceptional in nature.’. And the others not about his or her death court then considered whether RE ’ death... 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