Psychiatric Flashcards
(5 cards)
- Establish a recognised Psychiatric Injury?
Must be more than grief/distress.
Must be a recognized Psychiatric illness. (PTSD, Depression, Pathological grief) (Reiley v Merseyside)
How do you distinguish between a primary and secondary victim?
PRIMARY
Primary- Involved directly in accident or reasonably feared for own safety.
Must prove forseeability of physical injury or Psychological harm
(Page v Smith)- If physical harm foreseeable, Psychiatric harm does not have to be)
How do you distinguish between a primary and secondary victim?
SECONDARY
Witnessed event or immediate aftermath
Satisfied Alcock critiera
Alcock criteria for secondary victims?
Close tie of love and affection- Presumed for children/spouses- Must be proven otherwise (friends)
Proximity- in time and space to the event or aftermath- Mcloughlin V Obrien.
Must perceive event or immediate aftermath with own senses.
Case: Alcock- watching on tv not sufficient
Psychiatric injury must be caused by sudden shock- Gradual accumalation/stress wont qualify. - Sion V hampstead.
Rescuers
May be considered primary victims if they put themselves in danger- Chadwick v BRB
If not in danger (e.g. professional rescuers post-event) claim may fail. (White v CCSY)
Bystanders/unrelated witnesses: Unlikely to succeed unless an extreme serious situation (e.g. particularly horrifying)
Thin skull rule applies: pre-existing condition?- D takes C as they find them. - Brice v Brown.
