Widower secures substantial settlement after clinical negligence – a case of complex care failings

Russell-Cooke acted for a widower, both in his own right and as administrator of the estates of his deceased wife and young son, in a clinical negligence claim arising from the alleged failure to appropriately assess and treat the wife’s deteriorating mental health. The matter concluded by way of an out-of-court settlement of £770,000, achieved without any admission of liability.

This case study highlights how timely, expert legal support can secure meaningful redress in complex and sensitive clinical negligence claims. It also demonstrates the importance of careful handling of psychiatric evidence, loss quantification, and multi-estate claims.

The client was a widower who approached Russell-Cooke with a claim on behalf of himself and the estates of his late wife, aged 37, and their son, aged five. His wife had a history of insomnia and some mental health difficulties but had not previously suffered from particularly debilitating psychiatric illness.

The claim concerned the treatment provided by a doctor to the client’s wife while she was experiencing declining mental health.

In August 2021 she was suffering from sleep problems despite medication and was also experiencing vertigo and headaches. She received counselling between October 2021 and March 2022 and later sought private therapy. When she first saw the defendant doctor in April 2022, she was diagnosed with mixed anxiety and depression with insomnia and her medication was adjusted.

Over subsequent consultations, her condition continued to deteriorate. She became increasingly depressed and anxious, spent most days in bed, and in the days leading up to her final appointment began to report olfactory hallucinations. It was alleged that she struggled to communicate in appointments due to a language barrier and slowed responses, and that at the final consultation the doctor spoke only with her husband.

On 21 June 2022, during a severe mental health crisis, she killed her son before taking her own life.

The legal issue was whether the doctor had failed to provide appropriate assessment, treatment and escalation, and whether earlier intervention and home treatment support would have prevented the deaths.

Russell-Cooke brought the claim on behalf of the widower and both estates, alleging that the doctor failed to adequately support and treat the patient at a time when her mental health was rapidly deteriorating.

The case was advanced on the basis that, with appropriate assessment and escalation, she should have received daily visits from a home treatment team and antipsychotic medication, which would have prevented both her death and the death of her son.

Claims were advanced covering:

• Pain, suffering and loss of amenity in the estate of the deceased wife.
• Bereavement and dependency-based losses.
• A claim on behalf of the estate of the deceased child.
• A secondary victim claim by the widower for psychiatric injury.

The claim concluded before a formal Letter of Response was served by the defendant.

The matter concluded by way of an out-of-court settlement in November 2025, with the claimant securing substantial damages on behalf of himself and the two estates. The settlement was reached on a global basis and without any admission of liability.

The outcome provided financial compensation in respect of bereavement, dependency and psychiatric injury, reflecting the serious consequences of the alleged failures in care, and brought the proceedings to a close without the need for a contested hearing.

The case involved complex psychiatric negligence and causation issues arising from a homicide–suicide, together with allegations of communication difficulties and missed opportunities for escalation in mental health care. The claim was also highly sensitive, involving multiple estates and a secondary victim claim, and required careful handling of medical evidence and loss quantification.

This case highlights the importance of appropriate assessment, monitoring and escalation in patients presenting with deteriorating mental health, and the serious consequences that can arise where treatment and support are not adequately provided.

Russell-Cooke acted for the claimant in this complex and sensitive clinical negligence matter, securing a substantial out-of-court settlement on behalf of the widower and both estates without the need for contested proceedings. Our medical negligence team guides families through complex claims, securing compensation and support without unnecessary court proceedings. With flexible funding options, expert knowledge, and a commitment to early interim payments, we provide practical, personalised solutions for widowers, estates, and claimants alike.