Psychiatric Injury Flashcards
(18 cards)
What is psychiatric injury?
Psychiatric injury must be a specified psychiatric condition such as nervous shock, anxiety, PTSD, depression etc. - must be more than mere emotions of distress, upset or grief
How has the law on psychiatric injury developed?
It is a development of the law of negligence and has been developed by the decisions of judges in court
Give an example of a primary victim
A person affected by the incident due to physical damage or property loss, a ‘near-misser’ or a rescuer who is placed in danger
Give an example of a secondary victim
A family member who witnessed the incident or the aftermath, a bystander or a rescuer who is not placed in physical danger
What is the first stage of showing psychiatric injury?
It must be shown that the defendant acted negligently and that there is medical evidence of psychiatric injury
What are the two requirements that secondary victims must satisfy to make a claim in psychiatric injury?
Foreseeability and proximity
What is the first hurdle for secondary victims making a claim in psychiatric injury?
Negligence against the primary victim must be proved
How is foreseeability shown?
The test to determine if psychiatric harm is foreseeable, is to ask if the
reasonable man would have suffered psychiatric harm.
Which case sets out the criteria for proximity?
Alcock v Chief Constable of South Yorkshire Police
What is the criteria for proximity?
1) close ties of love and affection
2) the injuries were suffered at the scene or the immediate aftermath
3) the victim suffers the injury through their unaided senses
In which case was 2 hours considered a sufficient time delay?
McLoughlin v O’Brien
Give an example of a case where a rescuer was a primary victim
Chadwick v British rail
How are close ties of love and affection proved?
It can include blood relationships or close friends but even in these circumstances such close ties are not assumed and must be proven, simply being related does not automatically satisfy this criterion.
Give an example of a case where a rescuer was considered to be a secondary victim
White v Chief Constable of West Yorkshire
Give an example of a case where a bystander could not bring a claim in psychiatric injury
McFarlane v EE Caledonia
In which case did a claim for psychiatric injury succeed due to the shock of witnessing her house burn down?
Attia v British Gas
In which case was a claim not allowed because the mental injury was due to gradual events?
Sion v Hampstead Health Authority
In which case was a short period of decline allowed for a claim?
North Glamorgan NHS Trust v Walters
