John Mead, ‘Killer not able to bring clinical negligence claim in her own right: Ecila Henderson v Dorset Healthcare University NHS Foundation Trust’ (Supreme Court, 30 October 2020)

Introduction: Ms Henderson (EH) killed her mother whilst experiencing a serious psychotic episode. The trust admitted negligence in respect of her psychiatric care. The issue to be determined was whether EH could recover damages, in her own right, for losses she claimed to have suffered. Facts: EH was born in 1971 and began experiencing mental health problems in 1995. She was admitted to hospital on several occasions subsequently and, at different times, diagnosed as suffering from paranoid schizophrenia or schizoaffective disorder. Between April 2006 and June 2008 she was detained in hospital under section 3 of the Mental Health Act, 1983. She was then granted leave of absence to live in the community, but her care plan stated that there should be a low threshold for recall to hospital …” (more)

John Mead, ‘Killer not able to bring clinical negligence claim in her own right: Ecila Henderson v Dorset Healthcare University NHS Foundation Trust’ (Supreme Court, 30 October 2020), Journal of Patient Safety and Risk Management, https://doi.org/10.1177/25160435211010948. First Published May 6, 2021.

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