LAW P2 TORT (PSYCHIATRIC INJ) Flashcards
(9 cards)
What is the definition of psychiatric injury?
Psychiatric injury is a long term diagnosed mental injury which is greater than shock or grief
What is the requirement of psychiatric injury?
Psychiatric injury must be diagnosed by a fully qualified medical professional
What does not amount to psychiatric injury?
Grief, sorrow, fear, panic, terror do not amount to psychiatric injury
What are the two types of victims?
- Primary victim
- Secondary victim
What is a primary victim?
A primary victim is someone in the zone of physical danger.
What are the cases for primary victims?
- Page v Smith, a claimant directly involved in an accident who is at risk of physical injury can be classified as a primary victim
- Mcfarlane v EE caledona, a claimant who is not in the zone of physical danger cannot be a primary victim
What are secondary victims?
A secondary victim is someone not within the zone of physical danger, but a witness to a horiffic event.
What is the 4 part Alcock test?
victim must satisfy the 4 part alcock test to qualify as a secondary victim:
- Victim must have a close tie of love and affection with the primary victim
- Victim must withness the event with their own unaided senses
- The victim must be proximate to the event or its immediate aftermath
- The victim must recieve physicatric injury as a result of a shocking event
What are the cases for the 4 part alcock test?
- Alcock v chief constable of south Yorkshire, claimants must have a close relationship with the victim and be present at the scene to recover for psychiatric injury.
- Sion v Hampstead health authority, psychiatric injury from witnessing gradual harm is not recoverable unless it’s from a sudden shock.
- Mcloughlin v O’brien, a person can recover damages if they witness the immediate aftermath of an accident involving a close family member
- Hinz v Berry, a claimant can recover for psychiatric injury if it results from a sudden or shocking event caused by the defendant’s negligence
