The family of a barrister who died following problems with his mental health have lost their claim against a consultant psychiatrist. A High Court judge said if the claim had succeeded, the family of John Jones KC would have been awarded £1,776,122.
The Honourable Mr Justice Bourne said that though he ‘identified acts and omissions’ which were in breach of Dr Stephen Pereira’s duty of care, ‘these did not cause the death of Mr Jones or any measurable loss’.
Jones died in April 2016, aged 48. At the time, he was a barrister at Doughty Street Chambers specialising in international criminal law and extradition. He was an in-patient at Nightingale Hospital and was under the care of Dr Pereira when he left the hospital and died after being hit by a train.
The claimants in Misa Zgonec-Rozej & Ors v Dr Stephen Pereira & Ors reached a confidential settlement with the second and third defendant, a second consultant psychiatrist and the hospital.
Acknowledging the challenges ‘often posed by cases of psychiatric illness’, the judge added: ‘With the assistance of the expert witnesses I have had to assess the way in which Dr Pereira dealt with a complex and challenging case.’
The judgment concluded that although there was a negligent failure to give a sufficient handover to another consultant, Pereira was not liable for any omissions in the treatment Jones received.
Dismissing the claim, the judge said: ‘The claimants are therefore unable to succeed in their claim because they cannot prove that any breaches of duty caused the loss arising from Mr Jones’ death.
‘If the claim had succeeded, the court would have awarded damages of £1,776,122, less the amounts recovered from the second and third defendants. That is the total of the items of loss assessed above, less 25% for contributory negligence.
‘Although I have identified acts and omissions which were in breach of Dr Pereira’s duty of care, these did not cause the death of Mr Jones or any measurable loss. The claim must therefore be dismissed.’
