Articles for tag: compensation, floodgates, negligence, psychiatric injury, secondary victims

The Five Pillars: How MIM and Paul Guarded the Floodgates

I. Introduction The Discomfort – There is something about the judgment in MIM v Sheffield Teaching Hospitals NHS Foundation Trust [UKSC 202] that troubles the ordinary sense of justice. A father, present throughout his wife’s labour, watches the monitors sound repeated alarms, hears staff express irritation, perceives the final half-hour as “panic stations”, and witnesses his son born in a poor condition requiring resuscitation. He develops an adjustment disorder—a recognised psychiatric illness. The hospital admits negligence. It admits that delivery ...

Negligence in UK Law – Part 1

Negligence, a cornerstone of tort law in civil law, holds significant implications for medical practitioners, and healthcare organisations, particularly in the UK’s complex healthcare landscape. The title of this article does not include the words “medical negligence” because in reality the foundation of negligence is not specific to ‘medical’, ‘dental’, ‘nursing’, ‘social work’, or other negligence. This review aims to provide a comprehensive overview of negligence as a legal concept, tailored specifically for medical doctors, with an emphasis on its ...

Discounting the Future: How Treasury Decisions Impact NHS Clinical Negligence Payouts

Crown Indemnity was a historical arrangement in the United Kingdom’s National Health Service (NHS) where the government would cover the cost of clinical negligence claims against medical professionals working in NHS hospitals. This meant that doctors employed by the NHS in England did not need to purchase their own medical malpractice insurance, as the government would handle any claims made against them. In essence, the CNST has replaced the old Crown Indemnity arrangement for NHS trusts in England. It serves ...