In this case study, we look at how Mooneerams Solicitors helped a client recover compensation after he suffered post-traumatic stress disorder (PTSD) from witnessing a traumatic incident whilst he was at work.
The Background
In 2017, our client James (not his real name) was working in a customer’s home as part of his job. While he was carrying out the work upstairs in the house, the customer was physically attacked downstairs by a family member.
The attacker stabbed the customer repeatedly, and she was screaming for help. James went downstairs to intervene, but unfortunately, the victim sustained fatal injuries.
During the subsequent investigation into the attack, it was discovered that the attacker was known to be suffering from significant mental health issues and had been under the ongoing care of the local health board.
Failings in Mental Health Care
The attacker had been discharged from the hospital around 3 months before the attack and prescribed anti-psychotic medication that was to be given to him by medical staff during home visits. He was known to be hostile and violent when he was not receiving medication.
The attacker’s anti-psychotic medication was not administered to him properly following his discharge from the hospital. He was not given his medication on numerous occasions throughout the next 3 months.
To make matters worse, the nurse responsible for providing this medication did not inform their manager, a consultant psychiatrist, or any other medical staff that the attacker had not been provided with his medication as often as he should have been.
The nurse also failed to contact any of the attacker’s family members to discuss the failure to administer his medication.
The Nursing and Midwifery Council subsequently investigated the nurse responsible for the attacker’s care and determined that their fitness to practice was impaired; they were, therefore, suspended from working for 18 months.
The Impact on Our Client
James was deeply traumatised by what he witnessed that day and suffered from post-traumatic stress disorder as a result. He took four months off work before resigning from his job as he could not face the thought of having to enter customers’ houses again. He suffered significantly from nightmares and flashbacks of the incident.
He sold his home and moved in with his sister after the incident, as he struggled to be alone in his house, worried that someone could enter and try to harm him. He does not think he will ever be able to live alone again.
Since the incident, James has struggled with focusing, concentration and memory loss. He finds it difficult to retain new information and becomes easily overwhelmed. He does not like to leave his home, and for a long time following the incident, he would avoid going out as much as possible. He remains unable to go to any large stores and cannot not be around crowds.
James has struggled severely with paranoia and anxiety. He is always hyper-vigilant when outside his home, constantly scanning the surroundings for potential threats.
Why James Came to Mooneerams
James had initially instructed another firm of solicitors to handle a potential PTSD claim. However, he became frustrated with their progress and asked Mooneerams Solicitors to take over his case in 2019 to move the case forward.
At that stage, he’d already started an application to the Criminal Injuries Compensation Authority (CICA), which provides limited compensation to victims of violent crime. While that route was still open to him, we believed there was a stronger case to be made elsewhere.
We advised James that we would pursue a claim against the Health Board, not because they directly caused the attack, but because they were vicariously liable (legally responsible) for the actions (or inaction) of the nurse who failed to administer medication to the attacker in the weeks leading up to the incident.
Proving the Claim
We sent a formal Letter of Claim to the Health Board in early 2020, relying in part on the findings of the Nursing and Midwifery Council. We argued that the Health Board was vicariously liable for the nurse’s failings – and that had those failings not occurred, the attack may never have happened.
Ultimately, we were successful in persuading the Health Board that they were liable for James injuries, notwithstanding the lack of direct connection between the Claimant and the Health Board.
We subsequently began gathering medical evidence from experts to show the impact that the events had on James and the symptoms he continued to suffer from due to his PTSD diagnosis.
Settlement
In February 2024, as a result of negotiations between ourselves and the Health Board’s solicitors, they made an offer of £190,000 to settle our client’s claim. After further discussions and following our advice, James accepted this offer.
The money ensures that James can continue to access counselling and therapy to help him deal with his PTSD. It also accounts for the fact that he is unable to retrain in any other career due to his memory and focus problems.
James’ PTSD claim was handled by Andrew Last, Solicitor, a Director of Mooneerams, assisted by Trainee Solicitor Shannon Richards.
Mooneerams and PTSD Compensation Claims
This case shows how PTSD can have a devastating and life-altering impact on the lives of innocent witnesses to traumatic events at work or elsewhere.
At Mooneerams Solicitors, we have the expertise necessary to handle complex PTSD compensation claims.
If you’ve suffered psychological injuries as a result of someone else’s negligence, you may still have a claim, even if you weren’t physically injured.
We offer initial no-obligation advice and handle PTSD claims on a No Win No Fee basis wherever possible.
Call Mooneerams today on 029 2048 3615 or, send us a message using the contact form on this page.
