What is clear is that claims for "medical mishaps" (as the Supreme Court described them) cannot be pursued where the event that has been witnessed is serious injury or a death that could have been prevented by competent treatment.
Whether a claim might arise in a medical setting where the underlying event could be described as an accident (as defined by the Supreme Court in Paul) remains to be seen. This issue was addressed before the Court in argument, with scenarios being given such as a doctor injecting a patient with a wrong dose or a wrong drug, inducing an acute adverse reaction which is witnessed by a close relative. In oral submissions the Respondents suggested that such an incident might well be capable of giving rise to a claim. The Supreme Court declined to go this far saying: "In our view, the issues raised by such examples are best left to be addressed in a case where they actually arise on the facts."
This decision should be welcomed by the medical profession and provides the benefit of clarity in an area where uncertainty has dominated for many years making it difficult to advise clients on both sides about the merits of claims. There is some solace for claimants in accident cases however in the removal of the additional requirements of needing to prove that the claimant's injury was caused by the mechanism of a "sudden shock to the nervous system" and was a sufficiently "horrifying event". This clarification will make it easier for lawyers acting for both sides to advise on the merits of claims because these terms lacked precision and gave rise to much argument in cases about what they meant and whether they were satisfied on the particular facts.
SPOTLIGHT on...
Supreme Court restricts secondary victim claims to those who witness an accident but removes the requirements that a claimant must witness a "sudden shock to the nervous system" caused by a "horrifying" event.
#personalinjuryclaim #secondary #caselaw #supremecourt
https://lnkd.in/gsQrvkAx
Judgement: https://lnkd.in/eSMQCVwF
Outside Sales, Account Management, Consulting & Business Development Professional
2molol 😂 and to think… #WhiteyBulger just another lost #Blue state!!! do something honorable and purge 1M Ineligible voters… #Truth Oh, by the way… #FKH Wannabe!!!