The UK Supreme Court rejects three appeals in cases where claimed medical negligence resulted in PTSD for relatives following a death.
No Compensation for Emotional Harm in Medical Negligence Cases –Unveiling the Supreme Court's Decision
Source: irishlegal.com
1/22/20241 min read
The UK Supreme Court has ruled in three combined appeals that individuals who witness the death of a close family member due to medical negligence cannot claim compensation for psychiatric injury. The defendants, including two NHS Trusts and a doctor, sought to dismiss the claims, arguing that existing law did not support their success.
The appeal, involving multiple judges, concluded that the law's general policy opposes granting remedies to third parties for injuries to others. The court rejected extending the scope of compensation to cases where, due to a doctor's negligence, a person dies or suffers injury from a preventable disease.
The judgment emphasized that the law does not recognize a duty of care toward close family members who might be psychologically affected by witnessing the effects of a disease. While acknowledging the tragic nature of these events, the court stated that the law cannot impose duties and liabilities based on sympathy.
The appeal was consequently denied.
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