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Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1

A brief summary of the ruling

The Paul judgement is a Supreme Court majority decision which ruled a that a duty of care was not owed by physicians to their patient's family members in order to prevent them from suffering harm as a result of witnessing the death, caused by medical negligence.

“We are not able to accept that the responsibilities of a medical practitioner, and the purposes for which care is provided, extend to protecting members of the patient's close family from exposure to the traumatic experience of witnessing the death or manifestation of disease or injury in their relative.”

What this means for families harmed by maternity care

This means the Supreme Court did not accept that it is reasonable to expect clinicians to prevent parents being harmed by the distressing and negligent death or catastrophic harm of their baby. These parents have had their legal recognition as ‘victims’ erased.


More simply:

  • A father has no legal recourse to compensation where their baby is stillborn following clinical negligence
  • Parents are currently unable to bring a clinical negligence claim for psychiatric injury caused by watching their baby suffer resuscitation and intensive care
  • Families face financial ruin as there is no compensation scheme after suffering negligent maternity care

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