27/05/2026
Read our blog discussing the implications of the High Court’s judgment in Kinsella v Carter for plaintiffs who suffer a recognisable psychiatric injury after witnessing catastrophic events within a healthcare setting.
https://www.brigidodonnellsolicitors.ie/nervous-shock-the-law-in-ireland/
In this case, the Plaintiff’s wife suffered a medical crisis after being administered an overdose of blood pressure medication while an inpatient at the Defendant Hospital in July 2021. The Plaintiff was called to the hospital and witnessed deeply distressing scenes, collapsing as a result of the shock. Tragically, his wife later died from her injuries, and the Plaintiff subsequently developed Post-Traumatic Stress Disorder.
His case involved two separate claims: a dependency action under the Civil Liability Act on behalf of his wife’s dependents, and a claim for nervous shock — the legal term used when a person suffers a recognisable psychiatric injury following exposure to shocking or distressing events.
While the Hospital admitted negligence and the dependency claim was resolved, it denied liability for the Plaintiff’s psychiatric injuries. The matter therefore came before Mr Justice O’Connor in the High Court.
The Hospital argued that a nervous shock claim arising from medical negligence could not amount to an “accident” within the meaning of the Kelly v Hennessy framework, which governs nervous shock claims in Ireland. Their legal team also argued that any duty of care extended only to the patient, and not to a spouse exposed to the immediate aftermath of events within a hospital setting. Reliance was placed on UK case law.
Both arguments were rejected by the High Court.
Importantly, the Court reaffirmed the principles in Kelly v Hennessy as the correct framework for determining nervous shock claims arising in the context of medical negligence.
