Locke v Bova

In Locke v Bova, the plaintiff, Dr. Locke, sought damages for nervous shock and loss of earning capacity resulting from witnessing the traumatic death of his wife, a hospital patient, in circumstances he alleged were due to the defendant’s negligence. The case was heard in the Supreme Court of Queensland. Dr. Locke argued that the defendant’s failure to provide proper medical care led to the fatal deterioration of his wife, and that this caused him to suffer severe psychiatric injury, impacting his ability to practise as a doctor.

The primary legal issue before the court was whether Dr. Locke's claim for damages for nervous shock was valid under the circumstances. The court had to determine if witnessing the death of a loved one in such a context constituted a recognisable psychiatric illness and if it was foreseeable that Dr. Locke might suffer such injury. Additionally, the court examined the extent of Dr. Locke's loss of earning capacity due to his condition and whether the defendant’s negligence directly contributed to that loss.

The court held that Dr. Locke’s claim for nervous shock was valid as his experience met the criteria for psychiatric injury. It was recognised that witnessing the traumatic death of a close family member in a hospital setting could indeed lead to a recognisable psychiatric illness. The court found that the defendant's negligence was a direct cause of the wife's death, and therefore, Dr. Locke's injury was foreseeable. Furthermore, the court assessed the impact on Dr. Locke's future earning capacity, concluding that his condition did result in a significant loss of income potential. The court awarded damages to Dr. Locke for his psychiatric injury and loss of earning capacity.

The court ordered that the defendant pay Dr. Locke compensation for his psychiatric injury and loss of future earnings. The exact amount was determined based on the court’s assessment of the impact of Dr. Locke’s condition on his ability to continue his medical career.