Jones v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558 (QB) (20 March 2008)

Jones v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558 (QB) (20 March 2008)

The court found that while the claimant suffered an adjustment disorder and pathological grief reaction as a result of her daughter's death, the evidence did not support a diagnosis of chronic PTSD or major depressive disorder. The claimant's functioning, as evidenced by her employment, academic achievements, and life events, was inconsistent with ongoing significant psychiatric disability. Damages for bereavement and reasonable funeral expenses were awarded, but the claim for substantial loss of earnings and ongoing psychiatric injury was not made out on the balance of probabilities.

Citation
[2008] EWHC 558 (QB)
Parties
Claimant: Kerry Sian Jones (in her own name and as Administratrix of the Estate of Bron Eiri Gwenllian Bawdon-Jones); Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
20 March 2008
Procedural Posture
Civil Medical Negligence / Assessment of Damages After Admission of Liability
Outcome
Claim allowed in part
Legal Topics
Assessment of Damages, Psychiatric Injury, Fatal Accidents Act 1976, Bereavement Damages, Loss of Earnings, Funeral Expenses
Tort Law Medical Negligence Assessment of Damages Psychiatric Injury Fatal Accidents Act 1976 Bereavement Damages Loss of Earnings Funeral Expenses

Case Brief

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Parties

Kerry Sian Jones (in her own name and as Administratrix of the Estate of Bron Eiri Gwenllian Bawdon-Jones)

Claimant

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Civil Medical Negligence / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 Extent of psychiatric injury suffered by the claimant as a result of her daughter's death
  2. 2 Whether the claimant is entitled to damages for personal injury, including psychiatric injury and consequential losses
  3. 3 Assessment of loss of earnings and future loss of earnings

Ratio Decidendi

The court found that while the claimant suffered an adjustment disorder and pathological grief reaction as a result of her daughter's death, the evidence did not support a diagnosis of chronic PTSD or major depressive disorder. The claimant's functioning, as evidenced by her employment, academic achievements, and life events, was inconsistent with ongoing significant psychiatric disability. Damages for bereavement and reasonable funeral expenses were awarded, but the claim for substantial loss of earnings and ongoing psychiatric injury was not made out on the balance of probabilities.

Court Disposition

Claim allowed in part

Orders

  • Award of bereavement damages under the Fatal Accidents Act 1976
  • Award of reasonable funeral expenses