header-logo header-logo

Doc brief

12 June 2008 / B Mahendra
Issue: 7325 / Categories: Features , Personal injury , Mental health
printer mail-detail

Trauma
Assessment
Mental Disorder

Earnings loss after trauma

In Jones (Administratrix of the Estate of Bron Bawdon- Jones) v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558, [2008] All ER (D) 313 (Mar), the claimant, then aged 31, had given birth to a baby girl. It had been a protracted and complicated labour, the baby eventually being delivered by vacuum extraction. It had suffered severe brain damage as a result of lack of oxygen. It was said to have been effectively dead at birth but had been resuscitated. The prognosis was hopeless and life support had been turned off after she had survived just 25 hours.

The defendants had admitted breach of duty. The issue was in relation to damages for personal injury sought by the claimant who alleged significant and ongoing psychiatric injury and consequential losses including loss of earnings and pension loss. The defendants contested these claims with vigour.

Conflicting evidence
The psychiatric evidence that was produced was conflicting. One expert had said the claimant had suffered post traumatic stress disorder and a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll