Sion v Hampstead Health Authority [1994]

Facts

  •  Following the hospital’s failed diagnosis of kidney bleeding after a motorcycle accident, the claimant’s son suffered a heart attack and his health gradually deteriorated over 2 weeks before he died. The claimant was present continuously throughout this deterioration
  • The claimant subsequently suffered mental injury

Issue

  •  Could the claimant recover from this injury

Decision

  •  No recovery

Reasoning

  •  As there was no shock: “sudden appreciation by sight or sound of a horrifying event”, there could be no recovery
  • The death was expected by the time it happened

Citation

[1994] EWCA Civ 26

RELATED CASE  Foster v Warblington Urban District Council [1906]

Posted in Tort Law Revision Notes.

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