Woman who fatally stabbed her OWN mother sues NHS for negligence and claims ‘medics let her down’ for not preventing the death
Ecila Henderson says better NHS care for her paranoid schizophrenia would have 'stopped the killing'
A WOMAN who fatally stabbed her mother is suing the NHS for not preventing the death.
Ecila Henderson was held under the Mental Health Act after admitting manslaughter.
The 44-year-old was originally charged with murdering her 69-year-old retired teacher mum Rosemary Armstrong.
Henderson had been suffering from paranoid schizophrenia before the killing in 2010 and the NHS has since admitted negligence in her treatment.
But it is refusing to pay compensation “for the consequences of killing her mother”.
Part of the claim even covers Henderson’s “loss of liberty” since her mum’s death in Bournemouth.
Dorset Healthcare University Foundation NHS Trust admitted negligence in 2014, paving the way for the damages claim.
Lawyers for Henderson — who was sent to a mental hospital indefinitely in 2011 — argue that she would never have killed her mum had medics not let her down. But NHS lawyers insist it would defy the “rule of law” to pay cash — thought to be a six-figure sum — to Henderson and allow her to profit from her crime.
They argue that the claim should be limited to any psychiatric harm she suffered due to negligent treatment.
Henderson is backed by a high-powered legal team led by Nicholas Bowen QC.
The case is set for a three-day hearing at London's High Court.
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Mr Justice Warby told the court: "Long before the manslaughter she had been diagnosed as suffering from paranoid schizophrenia.
"At the time she was under the care of the Southbourne Mental Health Team within the NHS trust.
"An inquiry later made findings critical of the trust's conduct.
"The core criticism was of a failure to act in a timely manner when alerted by a health worker to a significant deterioration in her condition."
Summing up the dispute, he added: "The issues concern the extent to which Henderson's claims for damages are barred by the rule of law, which prohibits a person from recovering damages for the consequences of their own illegality".
After the preliminary hearing the judge refused to allow amendments to Henderson's case or to delay the December hearing.