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Damages – Personal injury. The claimants had a baby that was still-born. They sued the defendant hospital. The hospital admitted negligence in the case of the wife but disputed that the husband could be a secondary victim of the still birth. The Queen's Bench Division held that the authorities showed that the control mechanisms in relation to secondary victims often had the effect of excluding worthy cases and, on the facts, the husband could not succeed and his claim would be dismissed.
Damages – Personal injury. The claimants had a baby that was still-born. They sued the defendant hospital. The hospital admitted negligence in the case of the wife but disputed that the husband could be a secondary victim of the still birth. The Queen's Bench Division held that the authorities showed that the control mechanisms in relation to secondary victims often had the effect of excluding worthy cases and, on the facts, the husband could not succeed and his claim would be dismissed.
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