Success for Kerstin Boyd
25th March 2014
Ceri Leigh v London Ambulance Service NHS Trust  EWHC 286 (QB)
The Claimant developed PTSD following an incident on a bus when she dislocated her knee. She remained trapped between seats in excruciating pain for a period of 50 minutes whilst waiting for an ambulance. As a result of her experiences she went on to develop PTSD. The main issue was causation. The case was an example of a “cumulative cause” type case. The Defendant admitted there was a negligent delay in the attendance of the ambulance but sought to argue that she would have developed PTSD even if there had been no delay.
The Court held it was not possible to predict on any scientific basis the moment when the injury became inevitable. Mr Justice Globe adopted the test in Bailey v Ministry of Defence 2008 EWCA Civ 883 and modified the ‘but for’ test, holding the negligent delay made a material contribution to the development of the Claimant’s PTSD and she was entitled to recover in full. The Court awarded damages in the sum of £522,379.
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