These three cases raise the question of the circumstances in which a defendant to a clinical negligence claim can be held liable for psychiatric injury (or what used to be called nervous shock) caused to a close relative of the primary victim of that negligence. The basic facts in each of the cases are that the defendant is alleged to have failed to diagnose the primary victim’s life-threatening condition. Some time after that negligent omission, the primary victim suffered a traumatic death.
Sir Geoffrey Vos, Master of the Rolls
Lord Justice Underhill, Vice President of the Court of Appeal (Civil Division)
Lady Justice Nicola Davies
 EWCA Civ 12
England and Wales
Updated: 28 January 2022; Ref: scu.671057