The following case sets out the point that a third party can have a claim arising out of clinical negligence.
(1) Re (A Minor By Her Mother & Litigation Friend) (1st Claimant) (2) LE (2nd Claimant) (3) DE (4th Claimant) v Calderdale & Huddersfield NHS Foundation Trust (2017)
In this case, the maternal grandmother was present for the birth of her grandchild, who suffered lack of oxygen to the brain prior to and following delivery as a result of her shoulder becoming stuck and leading to hypoxic injury. The child was floppy and pale at birth and required resuscitation. The maternal grandmother had witnessed the whole birth.
Negligence was established, as was the triggering of the mother’s PTSD by the traumatic birth; the mother thought her child was dead.
The maternal grandmother also thought the child was dead and PTSD was also established.