Secondary victim mental harm claims following negligent medical treatment: A change in direction?

Health Law and Ethics Network at Melbourne Law School hosted their Monthly Lunchtime seminar on Tuesday 7 May2024. This seminar was presented by Mr Bill Madden, Senior Fellow in the Melbourne Law Masters, University of Melbourne and Professor Tina Cockburn, University of Queensland, Director of the Australian Centre for Health Law Research (ACHLR)on 'Secondary victim mental harm claims following negligent medical treatment: A change in direction?

Australian cases dealing with claims for mental harm arising from negligent medical treatment appear to apply general principles (common law and/or relevant civil liability legislation), rather than requiring a special approach to secondary victims suffering mental harm following medical negligence. Such claims have been accepted to be available, although the point appears not to have been directly argued in the High Court.

The position in England is now quite different. Secondary victim claims following medical negligence are not available, except perhaps in cases where the claimant was present at the time of the treatment and death or injury: Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1.

In this presentation they discussed the different approach that has recently been taken in England and consider whether we might now see fresh debate in relation to such claims in Australia.