Secondary Victim Claims
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Jodi Newton
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Secondary victims in clinical negligence cases
What is a secondary victim in clinical negligence cases?
Most compensation claims are concerned with primary victims – a person who is injured by the negligence of another. A secondary victim is someone who witnesses a close family member suffering injury or death due to negligent medical treatment, rather than experiencing negligence themselves.
Can secondary victims claim for psychiatric harm?
As of the Supreme Court ruling in January 2024 (Paul & Anor v Royal Wolverhampton NHS Trust), secondary victims cannot claim for psychiatric injuries arising from clinical negligence. The court held medical professionals owe a duty of care only to their direct patients.
Why did the Supreme Court dismiss claims by secondary victims?
The Supreme Court stated that doctors cannot reasonably be expected to prevent family members from witnessing distressing medical outcomes. They also clarified that witnessing a medical crisis does not meet the definition of witnessing an ‘accident.’
How does this ruling affect future clinical negligence claims?
The ruling effectively eliminates the possibility for secondary victims to claim psychiatric damages resulting from clinical negligence, significantly restricting compensation claims in this area.
Secondary victims in personal injury cases
Can secondary victims of other types of accidents still claim compensation?
Yes. The Supreme Court clarified that secondary victims in other scenarios, such as car accidents, can still claim without proving the event was objectively horrifying or that the injury resulted from sudden shock. For these types of accidents, secondary victims must demonstrate they were present at the accident or its aftermath, witnessed the event or its aftermath directly, and had a close relationship of love and affection with the primary victim
Contact Osbornes Law for advice regarding secondary victims
In light of this development, should you continue to have queries regarding your potential claim as a secondary victim or are uncertain as to how this precedent may be applicable to you, please contact us.
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Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
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"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
Stephanie Prior is a first-rate clinical negligence specialist whose industry, great experience and medical background put her in an exceptional class.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
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Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
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