The Courts in Ireland have long recognised that an injury can be suffered that results in a disorder of the mind as opposed to a physical manifestation. These injuries are often called psychiatric injuries or, more commonly, nervous shock type injuries. Examples of a nervous shock injury would be post-traumatic stress disorder, adjustment disorder or clinical depression. The Courts in Ireland recognise that a person is entitled to damages if it can be established that there was negligence on the part of a defendant, and that this negligence has resulted in a foreseeable medically verifiable psychiatric disorder.

The most frequently seen example of these sorts of injuries in the Courts is where a Plaintiff has witnessed the death of a friend or loved one which came about as a result of negligence on the part of a hospital or doctor. The scene is often an extremely distressing one which will live long in the memory of the relatives who were by the bedside of the deceased. Fatal Injuries actions will often be accompanied by one or more related actions on behalf of relatives claiming damages for nervous shock arising out their witnessing of the distressing scenes surrounding the death. If a Plaintiff has been diagnosed as suffering from a recognised condition by a Consultant Psychiatrist then they are more likely to be adequately compensated for the death of their loved one than by the meagre statutory figure that is currently capped at €25,400.

At Augustus Cullen Law we have brought a significant number of such claims to a successful resolution and obtained not only compensation for the bereaved family but also recognition of the wrong done to them by the Defendant.

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Our Experts

Michael Boylan

Partner and Head of Medical Negligence Group

Joice Carthy

Managing Partner, Medical Negligence Group

Jamie Hart

Partner, Medical Negligence Group

Gillian O’Connor

Partner, Medical Negligence Group

Eoin Collins

Associate Solicitor

Mary Ni Ghuairim

Associate Solicitor

Neil Kidd

Senior Associate Solicitor

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