Court of Appeal dismisses negligence claim against psychiatrist

Court of Appeal dismisses negligence claim against psychiatrist

The Court of Appeal has upheld a decision by the High Court dismissing a negligence claim against Dr Stephen Pereira, a consultant psychiatrist, following the tragic death of John Jones QC. The claim was brought by Mr Jones' wife, Ms Misa Zgonec-Rozej, and their two children, alleging that Dr Pereira's care deficiencies contributed to Mr Jones' death.

Mr Jones, a prominent barrister, died in April 2016 while under the care of Dr Pereira at the Nightingale Hospital in London. The claimants argued that Dr Pereira's failure to provide adequate care and treatment led to Mr Jones' mental health deterioration, ultimately resulting in his death.

The case was initially heard by Mr Justice Bourne in the High Court, who found that although Dr Pereira had breached his duty of care in several respects, these breaches did not cause or contribute to Mr Jones' death. The claimants appealed the decision, arguing that the breaches did materially contribute to the tragic outcome.

In the appeal, Lady Justice Nicola Davies, delivering the leading judgment, examined the trial judge's findings and the evidence presented. She noted that the breaches identified, including inadequate handover and delay in arranging psychotherapy, were not shown to have causally contributed to Mr Jones' death.

The Court of Appeal found that the trial judge had correctly applied the legal principles concerning causation and material contribution. The court noted that the evidence did not establish that the breaches, even if corrected, would have prevented Mr Jones' death.

The claimants also argued that the trial judge erred in making a finding of contributory negligence. However, the Court of Appeal found that the trial judge's conclusion on contributory negligence was based on a careful assessment of the evidence, including Mr Jones' mental state at the time of his death.

The Court of Appeal's decision underscores the challenges in establishing causation in medical negligence cases, particularly where multiple factors contribute to a tragic outcome. The judgment highlights the importance of clear evidence linking breaches of duty to the harm suffered.

This case is significant for medical negligence practitioners, as it reaffirms the principles of causation and the application of the material contribution test in cases involving complex medical and psychological factors.

Learn More

For insights into medical negligence claims, see BeCivil's comprehensive guide on Medical Negligence.

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