The Court of Appeal has held that no claim can be brought in respect of psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or a first horrific event
Family members who witnessed the traumatic death of a family member who had been negligently misdiagnosed some time before were therefore unable to claim for their psychiatric injury.
It was different if on the facts the negligence and the horrific event were part of a continuum.
The case could have wider implications beyond clinical negligence, but it is understood the case is being appealed to the Supreme Court.
The case is Paul and others v Royal Wolverhampton NHS Trust and others, www.bailii.org/ew/cases/EWCA/Civ/2022/12.html