Mother as “primary victim” in obstetrics case

Yah v Medway Foundation NHS Trust [2018] EWHC 2964 (QB)

Claimants who are able to establish primary victim status are in a strong position in cases involving psychiatric injury. In the case outlined here, where a hospital had admitted negligence, a mother, who brought a claim for psychiatric injury following the birth of her baby in the hospital, could be classified as a primary victim, which meant that there was no requirement for her to demonstrate that her injury had been caused by shock. The injury she had sustained was not too remote from the hospital’s admitted negligence to prevent recovery of damages.