Settlement of psychiatric injury claim on behalf of father of brain-injured child

We acted for a young man who sustained a psychiatric injury in the form of anxiety, depression and post-traumatic stress disorder (PTSD) as a result of witnessing the sub-standard handling of his daughter’s delivery, which led to the daughter suffering profound brain damage.

The man did not have a history of psychiatric illness prior to the sentinel event. His symptoms remained, despite treatment with anti-depressants and some counselling employing Cognitive Behavioural Therapy (CBT). It was recommended that he receive further treatment in the form of Eye Movement Desensitisation and Reprocessing (EMDR).

The defendant trust admitted that the daughter’s delivery had been handled negligently and that, but for the negligence, her brain damage would have been avoided. Initially, liability for the father’s injury was disputed but, following service of an ‘evidence pack’ setting out the nature of his injuries and his pecuniary losses, terms of settlement were negotiated, resulting in payment of damages of £20,000.

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