The courts are often called upon to sanction treatment for patients whose ability to make...
The 'eggshell skull' rule is an example used to illustrate that if a person with a particular sensitivity or condition suffers injury on account of the negligence or carelessness of someone else, the compensation payable will be calculated based on that person's needs, not just the amount of harm that a 'normal person' would have suffered in the same circumstances.
A trainee nurse has been awarded £75,000 in compensation after an accidental prick on her finger from a used needle led to an irrational fear of infection, transformed her into a cleaning obsessive and ultimately resulted in the collapse of her happy marriage.
The woman developed severe obsessive compulsive disorder after she touched the needle as she reached into an over-full operating theatre bin. Blood tests for HIV and hepatitis gave no cause for concern but her psychological condition worsened to the point where she wore gloves in hot weather and discouraged her children from going outside. She even scrubbed their shoes with bleach when they returned from school. She also felt unable to kiss her husband for fear of contaminating him.
She sued her former NHS trust employers who, whilst conceding primary liability, disputed the value of her claim. The Court acknowledged that a person of normal fortitude would have been able to get over the needle incident but found that the woman had been unable to do so due to her ‘eggshell psychology’. She was awarded damages to reflect her past loss of earnings and her pain, suffering and loss of amenity, including the disintegration of her marriage.