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 to life had to be gross negligence at a level which might support a charge of manslaughter. Clinical negligence only had been alleged, and the allegation of a breach of the deceased’s right to life must fail.
Judges:
Swift J
Citations:
Times 16-Feb-2007, [2006] EWHC 3562 (QB), [2006] Inquest LR 235, [2007] LS Law Medical 291
Links:
Statutes:
European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited by:
Appeal from – Savage v South Essex Partnership NHS Foundation Trust and Another CA 21-Dec-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Human Rights, Health
Updated: 02 June 2022; Ref: scu.251415
