Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospitals NHS Trust; Purchase v Ahmed (2024)
Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospitals NHS Trust; Purchase v Ahmed (2024)
Background
Each of the cases concerned an alleged failure by the defendant to diagnose the primary victim’s life-threatening condition resulting in their close relatives witnessing the primary victim’s death causing psychiatric injury. The claimants sued the defendant hospitals for negligence.
The Issues
On 13 January 2022 the Court of Appeal concluded that they were bound by the Court of Appeal ruling in Crystal Taylor v. A. Novo (UK) Ltd [2013] EWCA Civ 194, that there is no claim for psychiatric injury if there is an interval of time between the breach of duty and the event which causes shock. Dissenting judgements however justified an appeal to the Supreme Court.
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