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
