As individuals experiencing some form of serious medical problem, we rely on our primary care General practitioners and then secondary care Medical Specialists to provide us with a package of care (typically including assessment, diagnosis, treatment and multidisciplinary care) that is safe, appropriate, in line with best practice guidelines and which has been clearly communicated to us. We understand that sometimes, over the course of the process, things do not always go as planned. We can also appreciate that new symptoms or unforeseen problems can occur and that, for many reasons, expected ‘recovery rates’ can vary from person to person. However, we naturally expect a high standard of care and service from those looking after us. When such high standards are not met, and ‘injury’ ensues, the psychological and social consequences for the individual patient can be significant.
When it is clear that the standard of care falls below what should be reasonably expected and that there has been a breach of a ‘duty of care’, then a medical negligence case can ensue, in line with the Bolam and Bolitho tests of liability.
In addition to proving that the relevant standard of care has not been met, a claimant in such cases must also establish that this failure directly caused the alleged injuries or else significantly contributed to them. A claimant who is able to prove a breach of duty of care and causation then needs to establish that he or she has suffered damage for which a claim can be made. Such ‘damage’ includes physical injury and psychiatric or psychological injury.
Psychiatric / psychological injury is the legal term used by the Court and involves a ‘recognised’ psychological injury such as Post-Traumatic Stress Disorder (PTSD), a Mood or Anxiety Disorder or an Adjustment Disorder. Grief or ‘emotional upset’ are not injuries for which damages can be awarded. Compensation for any psychiatric or physical injury will include an award for the pain and suffering and “loss of amenity” (or the benefit and enjoyment of life which the claimant has lost) caused. These are known as “general damages”.
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