Savage v South Essex Partnership NHS Foundation Trust
[2009] 1 AC 681
判决理由
An NHS trust owes an operational duty under Article 2 ECHR to take reasonable steps to prevent the suicide of a detained psychiatric patient where staff know or ought to know of a real and immediate risk to life.
事实
Anna-Maria Savage was a detained patient under the Mental Health Act 1983 who absconded from an open ward and threw herself under a train. Her daughter claimed the trust had breached its Article 2 duty.
判决摘要
The House of Lords held that a detained mental health patient is in a position analogous to a prisoner, and the state owes an operational duty to protect their life. The trust must take reasonable steps where staff know or ought to know of a real and immediate risk of suicide.
关键引述
"A detained patient is in an analogous position to that of a prisoner. The state has assumed responsibility for her welfare."
— Baroness Hale
后续处理
Applied in Rabone v Pennine Care [2012] and subsequent Article 2 mental health cases.