Mother’s claim for Psychiatric Injury Fails:Gemma Powell v St George’s Healthcare NHS Trust (High Court, 10 December 2014 – Judge Simon Brown QC)

Abstract

This judgment is a clear demonstration of the fact that the claimant must prove her case on the balance of probabilities. Her expert had made a serious allegation of dishonesty against the treating surgeon but the judge held there was no evidence to substantiate it. The judge accepted that there were non-negligent explanations for the claimant’s various misfortunes. These were undoubtedly serious and unfortunate but they did not originate from surgical negligence.