Paul and another v Royal Wolverhampton NHS Trust
[2024] UKSC 1
Misa Zgonec-Rozej & Ors v Dr Stephen Pereira & Ors
10 October 2023
[2023] EWHC 2501 (KB)
High Court
A man's family sued his psychiatrist, claiming his care was negligent and led to his suicide. The judge found some mistakes by the psychiatrist, but said these mistakes didn't directly cause the death. Even if they had, the man's own actions would have reduced the amount of money the family received.
Key Facts
- •John Jones KC died by suicide on April 18, 2016.
- •Claimants are Mr Jones' wife and children, suing under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.
- •The claim against the Second and Third Defendants was settled before trial.
- •The First Defendant, Dr. Pereira, was Mr Jones' consultant psychiatrist.
- •Claimants allege negligence in Dr. Pereira's care leading to Mr. Jones' death.
- •Key allegations of negligence include inadequate diagnosis, insufficient care plan, inadequate risk assessment, and failure to provide therapy.
- •Dr. Pereira's evidence regarding medication advice was found to be unreliable and inconsistent.
- •Dr. Pereira failed to inform Mr. Jones of his upcoming leave of absence.
- •There was an insufficient handover of care between Dr. Pereira and Dr. Bakshi.
- •Expert evidence from Dr. Meehan and Dr. Maganty presented differing opinions on the standard of care and diagnosis.
Legal Principles
Standard of care for a consultant psychiatrist: must act in accordance with a practice accepted as proper by a responsible body of opinion.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 852, Sidaway v Governors of Bethlem Royal Hospital [1985] AC 871, Bolitho v City & Hackney Health Authority [1998] AC 232
Causation: 'but for' test; modified in cases where medical science can establish a more than negligible contribution of the negligent cause.
Bailey v Ministry of Defence [2009] 1 WLR 1052, Williams v Bermuda Hospitals Board [2016] UKPC 4
Contributory negligence: reduction of damages based on claimant's share in responsibility for the damage.
Law Reform (Contributory Negligence) Act 1945, Corr v IBC Vehicles Ltd [2008] UKHL 13, PPX v Aulakh [2019] EWHC 717 (QB)
Outcomes
Claim dismissed.
While some breaches of duty were identified (failure to inform Mr. Jones of leave, insufficient handover to Dr. Bakshi, slowness in arranging psychotherapy), the court found these did not cause Mr. Jones' death on the balance of probabilities.
Contributory negligence finding (if liability had been established): 25% reduction in damages.
Mr. Jones retained autonomy in his decision to take his own life, despite his illness.
Similar Cases
Surena Masih & Anor. v The Royal Wolverhampton NHS Trust
[2023] EWHC 1280 (KB)
Darren Cavanaugh v Folsana Pressed Sections Limited
[2024] EWHC 1381 (KB)
Alexander Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors
[2024] EWCA Civ 138
Edward Graham (a child, by his Litigation Friend, Rebecca Graham) v Dr Simone Altaf
[2023] EWHC 156 (KB)