Psychiatric Injury

Question 1

Stage 1 of Psychiatric Injury

Answer 1

The C must be suffering from a recognised psychiatric injury, not ordinary human emotions (Reilly v Merseyside Health Authority)

The C must show the illness was caused by a traumatic event, or an ‘assault on the senses’ (Sion v Hampstead Health Authority)

Question 2

Stage 2 of Psychiatric Injury
[Primary Victim]

Answer 2

Must establish if the C was a primary or secondary victim.

Primary Victim:
- A person who reasonably fears for their own safety, or is within the zone of danger.
- They have been directly affected by the negligent act.

Page v Smith established a 2 stage test for primary caregivers:

1) Primary victims do not have to show that psychiatric injury was foreseeable, merely that some kind of personal injury was foreseeable.
2) The Primary Victim does not have to be a person of normal fortitude.

Question 3

Stage 2 of Psychiatric Injury
[Secondary Victim]

Answer 3

Must establish if the C was a primary or secondary victim.

Secondary Victim:
- Unwilling witness to traumatic event.
- Not personally in danger of physical harm.

Alcock established control mechanisms, updated in Paul, Polmear and Purchase:

1) Love - Close ties of love and affection.
2) Witness - Must witness the accident or it’s immediate aftermath, with your own unaided senses (McLoughlin v O’Brian)
3) Directly Perceived - C must have directly perceived the accident or it’s immediate aftermath, meaning they saw it in person.
4) Connection - Must be a connection between witnessing the event and the illness suffered.

SIDE RULES:
- Rescuer (Chadwick v British Transport)
- Bystanders (McFarlane)