Physciatric Harm

Question 1

What must a claimant prove in psychiatric harm cases?

Answer 1

A recognised psychiatric illness, corroborated by an agreed medical expert.

Question 2

What is the key distinction between a primary and secondary victim in claims for psychiatric harm?

Answer 2

A primary victim is directly involved in the incident and is at risk of physical harm, while a secondary victim suffers psychiatric harm as a result of witnessing or learning about an incident involving someone else, and must fulfill additional proximity requirements.

Question 3

Is mere grief or sorrow of a find classified as a recognised psychiatric illness?

Answer 3

Mere grief or sorrow of a kind that is experienced as a normal part of life does not qualify as psychiatric harm of a kind that gives rise to potential damages in negligence. Would fail under the alock criteria

Question 4

How can a secondary victim claim for psychiatric harm?

Answer 4

Must meet the key criteria:

1. Close tie of love and affection.
2. Proximity in time and space: The claimant must have perceived the event or its immediate aftermath with their own unaided senses, and not have merely been told about it later or watched it on television.
3. The means by which the shock is caused: The psychiatric harm must be caused by a sudden and immediate shock.

• must also be a recognised psychiatric injury

Question 5

A primary victim is

Answer 5

A claimant who was directly involved as a participant in the incident that caused their psychiatric injury

Question 6

Close tie of love and affection criteria for a secondary victim - who would meet this?

Answer 6

Under the current law only parents and children, spouses and fiancés automatically fall within this category.