The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and her particular vulnerability, and a detained mental patient should have no less rights than a prisoner. To succeed there had to be shown knowledge of a real and immediate risk to her life. The claim was arguable and was re-instated.
Judges:
Sir Anthony Clarke MR, Waller LJ, Sedley LJ
Citations:
[2007] EWCA Civ 1375, Times 09-Jan-2008, [2008] 1 WLR 1667, [2008] LS Law Medical 66, [2007] Inquest LR 278, (2008) 100 BMLR 98, [2008] UKHRR 330, [2008] HRLR 15, (2008) 11 CCL Rep 65
Links:
Statutes:
Mental Health Act 1983 3, Human Rights Act 1998 6 7 8, European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust QBD 21-Dec-2006
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life.
Held: Negligence amounting to a breach of the right . .
Cited by:
Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Negligence, Human Rights
Updated: 12 July 2022; Ref: scu.263410