Wednesday Mar 13, 2024

Paul v Royal Wolverhampton. The end to secondary victim claims in clinical negligence?

In this podcast, James Marwick and Justin Valentine discuss the Supreme Court decision in Paul v Royal Wolverhampton which has definitively closed the door on secondary victim claims in clinical negligence in the context of delayed diagnosis where the breach in duty was many weeks or months before, in each case, the tragic death of the family member.  The Supreme Court has followed Taylor v Novo in finding that in order to recover, a family member must be present at the "accident".  Doubt remains whether a secondary victim claim could be advanced where the family member is present at the breach of duty if that breach can be couched in terms of an accident.

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