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ARTICLE · 22 MAY 2019

Can There Be Contributory Negligence In Suicide Cases?

A successful, or even unsuccessful, attempt at taking one's own life will have a devastating impact on the family of the individual involved.

United KingdomLitigation, Mediation & Arbitration

A successful, or even unsuccessful, attempt at taking one's own life will have a devastating impact on the family of the individual involved. On some occasions, the individual had recently sought medical advice and consequently a clinical negligence claim may be brought against the individual practitioner/institution responsible for that care. A recently reported case grappled with the difficult issue of whether a defendant in this situation can successfully establish that the individual is contributorily negligent.

Background

On 27 March 2019, Mrs Justice Whipple handed down her Judgment in PPX (a protected party by his brother and litigation friend, BLF) v Dr Ravinder Aulakh [2019] EWHC 717 (QB). Sadly PPX had suffered a serious neurological injury as a consequence of an attempted suicide on 20 May 2012. He, through his brother and litigation friend, BLF, alleged that his GP, Dr Aulakh, was negligent in the treatment afforded to him at a consultation on 25 April

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