From: | Andrew Tettenborn <A.M.Tettenborn@swansea.ac.uk> |
To: | Ken Oliphant <ken.oliphant@oeaw.ac.at> |
CC: | obligations@uwo.ca |
Date: | 19/08/2013 08:53:19 UTC |
Subject: | Re: ODG: puzzle about Rabone decision |
Dear all
I am puzzled by something in the UK Supreme Court's judgment in Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 (suicide by informal patient allowed home leave). At para 74, Lord Dyson says that the settlement for the claim by the deceased's estate included an element in respect of her pain and suffering "during the two months before she died". Yet, we are also told (paras 1 and 74) that the deceased died on the same day on which she hung herself (which was the day after she was negligently allowed home from the defendant's hospital), so I can't work out where Lord Dyson's two months come from.
Any ideas?
Best wishes
Ken
Andrew Tettenborn Professor of Commercial Law, Swansea University
School of Law, University of Swansea
|
Andrew
Tettenborn Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe
Ysgol y Gyfraith, Prifysgol
Abertawe |
Lawyer (n): One versed in circumvention of the law (Ambrose Bierce)
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