Nervous Shock Claims

Nervous shock claims arising from medical incidents face a unique set of legal and practical obstacles. Unlike a sudden car crash or workplace explosion, harm in healthcare settings often unfolds over time. That presents difficulties—because Irish law requires the trauma to be shock-induced, not built up gradually over weeks or months.

You may have witnessed a loved one’s health spiral after a misdiagnosis or unexpected clinical error. But unless there’s a specific, sudden event—a cardiac arrest in front of you, or a failed resuscitation attempt—the courts may not classify your experience as qualifying “shock.” This is one reason why so many nervous shock claims linked to hospitals are unsuccessful, even when negligence is admitted.

Even in cases where the emotional toll is undeniable, you must also show that the responsible party owed you personally a duty of care. That’s rarely straightforward in a medical context. A doctor or hospital’s primary duty is to their patient. Courts are cautious about extending this duty to relatives, unless your presence at the event and your relationship to the injured person are extremely clear and immediate.

To determine whether a duty of care exists, Irish courts apply a four-part test (from Glencar Explorations v Mayo County Council). They assess:

• Foreseeability: Could the defendant reasonably anticipate that someone in your position might be harmed?
• Proximity: Were you close in physical presence, time, and relationship to the traumatic event?
• Public policy: Would recognising this duty open the door to limitless liability?
• Fairness and justice: Is it appropriate, given the facts, to hold the defendant accountable?

In a hospital context, proving proximity is rarely simple. Considerations include:

• Whether you were physically present during the emergency
• Whether you had a close personal relationship with the patient (e.g. parent, spouse, child)
• Whether you witnessed the trauma as it occurred, rather than learning about it later

Even where proximity is accepted, the next step is proving that you suffered a recognisable psychiatric illness. This is not about being devastated or emotionally overwhelmed—though both are valid human reactions. The law requires a medically recognised condition, such as:

• Post-Traumatic Stress Disorder (PTSD)
• Acute Anxiety or Panic Disorder
• Clinical Depression following trauma
• Adjustment Disorder with functional impact

This diagnosis must come from a qualified medical professional. Your GP or a psychiatrist will need to document the condition and, crucially, link it to the traumatic event. A vague reference to ongoing stress or bereavement won’t meet the threshold. The illness must have been triggered by the shock itself, not by long-term worry or grief.

There are also practical aspects that matter. Courts will ask:

• When symptoms first appeared (earlier onset usually strengthens the case)
• Whether treatment was sought, and what kind
• How the illness has affected your life, including work, relationships, or physical health

If you haven’t yet spoken to a doctor, it’s important to do so—not just for legal reasons, but for your own care and support. You don’t need to know what condition you have. You only need to know something’s not right—and that it started after what you experienced.

At John O’Leary Solicitors LLP, we’ll never rush you or expect you to have a diagnosis before getting in touch. What matters is that you feel something’s changed, that you’re struggling, and that it all began with something traumatic. From there, we can help organise the right assessments, explain where your case stands legally, and advise you clearly on the next steps.