Psychiatric injury Flashcards
(20 cards)
What are the two stages in a psychiatric injury claim?
1) The psychiatric illness must be recognised.
2) The type of victim (primary or secondary) must be established.
What must be shown at Stage 1 of a psychiatric injury claim?
C must be suffering from a recognised psychiatric illness, not ordinary emotions.
What case confirms that ordinary emotions are not enough?
Reilly v Merseyside Health Authority – ordinary emotions like grief or distress are not sufficient.
What case shows the illness must result from a traumatic event?
Sion v Hampstead Health Authority – illness must result from a traumatic event or ‘assault on the senses’.
How do you apply Stage 1 in an exam?
Confirm C is suffering from a recognised psychiatric illness caused by a traumatic event. Then identify if they are a primary or secondary victim (or both) and apply only the relevant type.
What is a primary victim in psychiatric injury?
A person who reasonably fears for their own physical safety or is within the zone of danger; directly affected by the negligence.
What case sets out the test for primary victims?
Page v Smith – established a two-stage test for primary victims.
What is the first part of the Page v Smith test?
C does not need to prove psychiatric injury was foreseeable—only that some kind of personal injury was foreseeable.
What is the second part of the Page v Smith test?
The C does not need to be of normal fortitude; even particularly vulnerable people can claim.
What is a secondary victim in psychiatric injury?
A person who witnesses the traumatic incident but is not personally in danger; e.g., a bystander.
What case established the control mechanisms for secondary victims?
Alcock v Chief Constable of South Yorkshire Police – later confirmed in Paul, Polmear and Purchase (2024).
What must a secondary victim prove under Alcock?
1) Close ties of love and affection
2) Witness the event/immediate aftermath
3) Direct perception
4) Connection between witnessing and illness
What is the ‘Love’ requirement under Alcock?
C must have close ties of love and affection with the primary victim – includes close family and some close friendships.
What is the ‘Witness’ requirement under Alcock?
C must witness the accident or immediate aftermath with unaided senses – McLoughlin v O’Brian.
What is the rule from McLoughlin v O’Brian on aftermath?
“Immediate aftermath” requires the primary victim to be in their post-accident state—not ‘cleaned up’.
What is the ‘Directly Perceived’ requirement under Alcock?
C must directly perceive the accident/aftermath—no second-hand info (e.g. phone calls, news, social media).
What is the ‘Connection’ requirement under Alcock?
C must show a link between witnessing the event and the psychiatric illness suffered.
Can rescuers claim for psychiatric injury?
Yes—If in danger = primary victim (Chadwick)
If not in danger = must satisfy Alcock tests.
Can bystanders claim for psychiatric injury?
Only if they meet the Alcock control mechanisms – McFarlane.
Where should you include the rules for rescuers and bystanders in an exam answer?
Include them in Step 2, when discussing whether the C is a primary or secondary victim.
