Damages awarded for ‘nervous shock’ at a birth

What is it about?

A baby’s mother and grandmother claimed damages for ‘nervous shock’ following the baby’s traumatic delivery; both women initially believed the baby to be dead. The article unpicks the various strands in this unusual case.

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Why is it important?

Complicated or traumatic births can have lasting consequences – most obviously for the baby when, as in this case there was severe hypoxia. However, the mother and grandmother both successfully claimed that they suffered post-traumatic stress following the birth. This case is particularly unusual because the mother successfully claimed that she was a ‘primary victim’, having been directly involved in the events in question, although not physically injured. The grandmother was held to be a ‘secondary victim’, a legal distinction that stems from the Hillsborough disaster case, when 96 football fans died.

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