Owers v Medway NHS Foundation Trust and another [05.08.15]
On 14 March 2010 Mrs Owers suffered a rare type of stroke. She died in 2014 for reasons unconnected to the claim. Mr Justice Stewart held that the treating hospital acted in breach of its duty of care to her in failing to prescribe aspirin following a deterioration in her condition. However, causation was not established. Had aspirin been prescribed, on the balance of probabilities she would not have had any better outcome. Mr Owers’ claim for psychological injuries as a secondary victim also failed. Stewart J considered the Court of Appeal’s decision in Ronayne v Liverpool Women’s Hospital NHS Foundation Trust . He held that there had been no sudden appreciation of a “horrifying” event.