James represented the family of a dentist who died aged 49 in 2013, leaving behind a wife and three sons. He suffered his first serious depressive episode in late 2013. His condition deteriorated to psychotic depression, and he was admitted to hospital as a voluntary inpatient for his own safety due to his risk of suicide. Two days after his admission he tragically took his own life.
Following an inquest in 2015 the defendant NHS Trust denied liability. The claims have now settled for £1,000,000 shortly prior to trial. The settlement includes claims under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, but also under the Human Rights Act 1998, for breach of the operational duty to protect life under Article 2 of the European Convention on Human Rights. The Human Rights Act claims allowed claims to be brought on behalf of the deceased’s now adult sons as well as his surviving spouse.
James was instructed by Natalizia Capizzi of Osborne Morris & Morgan.
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