secondary victim

Paul v Wolverhampton: the dramatic end to the secondary victim claims saga

Clinical negligence barrister, Tom Gibson, comments on the dramatic end to the secondary victim claims saga. The Supreme Court has now handed down judgment on three conjoined appeals on the ‘secondary victim’ criteria for psychiatric injury claims in a clinical negligence setting; Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed.  The judgment [2024] UKSC 1 brings the secondary victim claims saga to a dramatic end. The Supreme Court dismissed the Claimants’ three appeals by a 6-1 majority. The judgments (running to 256 paragraphs over 76 pages) are complicated. However, as a very brief summary: There is a crucial difference between ‘accident’ cases and ‘medical crisis’ cases:  The three previous key House of Lords authorities – McLoughlin v Brian, Alcock v…

News 12 Jan, 2024