Psychiatric injury

Question 1

What is the definition of psychiatric injury?

Answer 1

A long term, diagnosed mental injury which is greater than shock or grief

Question 2

What is the case that established the definition of psychiatric injury?

Answer 2

Hinz v Berry

Question 3

What is a primary victim?

Answer 3

Someone in the zone of physical danger/involved in the case

Question 4

what is a case for primary victim

Answer 4

page v smith

Question 5

What is a secondary victim?

Answer 5

Someone not within the physical zone of danger but a witness of horrific events/suffered mental injury

Question 6

What is a case for a primary, ‘narrowly missed’ victim

Answer 6

Dulieo v White

Question 7

What sort of psychiatric injury must the Claimant have?

Answer 7

A recognised psychiatric illness caused by the defendants negligence.

Question 8

What are the five Alcock Criterias?

Answer 8

1. Present at scene or immediate aftermath
2. Close tie of love and affection (Robertson and Raugh v fourth road bridge)
3. Claimant saw/heard incident with unaided senses
4. Claimant is a person of reasonable fortitude (Liverpool womens hospital v Ronaye)
5. The shocking incident caused their nervous shock

Question 9

What is a case for a primary rescuer?

Answer 9

Chadwick v British Rail

Question 10

what is a case for professional rescuers?

Answer 10

Hale v London underground (successful)
White v Chief constable of South Yorkshire
(unsuccessful)

Question 11

A case for Bystanders

Answer 11

McFarlene v E.E Caledonia
(unsuccessful)