Kumaralingam Amirthalingam, ‘Clinical negligence and relational psychiatric injury’

“In delivering his opinion in Donoghue v Stevenson [1932] AC 562; [1932] All ER Reports 1, Lord Atkin used the neighbour principle as a metaphor to explain existing case law; it was not intended as a heuristic device for judicial expansion of the law of negligence. A legal neighbour is someone ‘so closely and directly affected’ that the defendant ‘ought to have them in reasonable contemplation as being so closely and directly affected’ ([1932] AC 562 at 580). In modern parlance, the concept of proximity is used (Alcock v Chief Constable of the South Yorkshire Police [1992] 1 AC 310 at 397B; [1991] 4 All ER 907 at 913). This inquiry into proximity is especially pertinent in cases involving negligently inflicted psychiatric injury …”

€ (Westlaw)

Kumaralingam Amirthalingam, ‘Clinical negligence and relational psychiatric injury’ (2022) 138 Law Quarterly Review (July) 370-375.

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