Loved Ones Claim for Psychological Injury

Categories: Legal Analysis

In “Death and Medical Negligence Claims” the West Australian Medical Negligence Blog (WAMNB) discusses clients enquiries relating to the death of a loved one, resulting from apparent medical negligence. The WAMNB notes that medical negligence claims for the death of loved ones can be brought by the surviving family, but only for the “psychological injury” suffered. Citing the unfortunately common cases of death during childbirth, the WAMNB notes that no claim exists for the loss of the child, the loss of an opportunity for life and unbelievably – no medical negligence claim can be made if the parents suffer “normal grief” as this is not a psychologically or psychiatrically diagnosable condition…[source]