Leach v North East Ambulance Service NHS Foundation Trust
[2020] EWHC 2914 (QB)·2020·Liability and damages decided at trial
Ms Leach, alone at home with a brain haemorrhage, waited nearly two hours for an ambulance, of which the trust admitted 31 minutes was negligent delay; she went on to develop PTSD. The judge held that the negligent delay made a material contribution to her PTSD, that PTSD cannot be apportioned, and awarded the agreed £40,000.
Where a negligent ambulance delay materially contributes to a psychiatric injury like PTSD, the trust is liable for the whole injury and cannot reduce damages by arguing only part of the wait was its fault.