Jones v Royal Devon & Exeter NHS Foundation Trust

Jones v Royal Devon & Exeter NHS Foundation Trust

Claimant has suffered a continuing adjustment disorder with affective disturbance exacerbated by trauma, guilt, and self-blame, materially affecting her capacity for full-time work and career pattern. Damages awarded for psychiatric injury, funeral expenses, bereavement, past and future loss of earnings, pension loss, and reasonable therapy costs.

Parties
Claimant: Kerry Sian Jones; Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
20 March 2008
Procedural Posture
Civil / Judgment on Assessment of Damages
Outcome
Damages assessed and awarded to claimant, subject to submissions on interest and costs.
Legal Topics
Fatal Accidents Act, Bereavement Damages, Psychiatric Injury, Loss of Earnings, Funeral Expenses
Tort Medical Negligence Personal Injury Fatal Accidents Act Bereavement Damages Psychiatric Injury Loss of Earnings Funeral Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Kerry Sian Jones

Claimant

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Civil / Judgment on Assessment of Damages

Legal Issues

  1. 1 Assessment of damages for psychiatric injury and consequential losses following admitted medical negligence resulting in neonatal death
  2. 2 Recoverability of funeral expenses and bereavement damages under the Fatal Accidents Act
  3. 3 Extent and diagnosis of claimant's psychiatric injury

Ratio Decidendi

Claimant has suffered a continuing adjustment disorder with affective disturbance exacerbated by trauma, guilt, and self-blame, materially affecting her capacity for full-time work and career pattern. Damages awarded for psychiatric injury, funeral expenses, bereavement, past and future loss of earnings, pension loss, and reasonable therapy costs.

Court Disposition

Damages assessed and awarded to claimant, subject to submissions on interest and costs.

Orders

  • General damages for psychiatric injury: £20,000
  • Funeral expenses: £2,763