Breaches of duty in cases of mental instability (EH v Dorset Healthcare University NHS Foundation Trust)

Table of contents

• Original news
• What are the practical implications of this case?
• What issues did this case raise?
• To what extent is the judgment helpful in clarifying the law in this area?
• What are the implications for practitioners? What will they need to be mindful of when advising in this area? Any best practice tips?
• Are there still any unresolved issues practitioners will need to watch out for? If so, how can they avoid any possible problems?

Article summary

Personal Injury analysis: On 25 August 2010, the claimant stabbed their mother, resulting in death, while suffering from paranoid schizophrenia. The claimant brought proceedings for damages against Dorset Healthcare University NHS Foundation Trust for breaches of duty in failing to respond in an appropriate way to their mental collapse in the tort of negligence. Mark Ashley, associate at DAC Beachcroft LLP, who worked on the case, examines the wider implications.