The WLR Daily case summaries
[2024] WLR(D) 34
Supreme Court
Paul and another v Royal Wolverhampton NHS Trust
Polmear and another v Royal Cornwall Hospitals NHS Trust
Purchase v Ahmed
[2024] UKSC 1
2023 May 16, 17, 18; 2024 Jan 11
Lord Briggs, Lord Sales, Lord Leggatt, Lord Burrows, Lady Rose, Lord Richards JJSC, Lord Carloway
Negligence— Psychiatric injury— Legal proximity— Defendant medical practitioner failing to diagnose primary victim’s life-threatening condition— Close family member suffering psychiatric injury after witnessing primary victim’s subsequent death from condition— Common law rule prohibiting persons claiming compensation for effect on them of death or injury of another person— Exception in respect of psychiatric illness caused by witnessing close family member’s death or injury in accident brought about by defendant’s negligence— Whether exception extending to psychiatric illness caused by witnessing close family member’s death or injury from disease which proper treatment by medical practitioner would have prevented— Whether medical practitioners’ duty of care to be extended to protect members of patient’s close family from exposure to trauma caused by witnessing patient’s death consequent on negligent care