These cases concerned the recovery of damages by relatives from witnessing the death or injury of a patient arising out of clinical negligence. The recovery of damages by one person (secondary victim) from witnessing a wrongful injury to another (primary victim) is established in common law; it arose from negligence involving a violent accident. It [...]

In November 2018 C aged 43 contracted herpes simplex encephalitis.  On Tuesday 27 November 2018 he saw his GP, D. On Friday 30 November 2018 C was admitted to hospital as an emergency. He was assessed. Acyclovir was commenced. C was very seriously ill. C had suffered a significant brain injury. He was unable to [...]