Psychoatric Injury Flashcards
(12 cards)
2ndary victims
A mental injury must be sudden
McLoughlin v OBrien
Difference between primary and secondary victims
Page v smith
Alcock criteria
Alcock c CC of South Yorkshire
Rescuer
White v CC of South Yorkshire
Bystander
McFarlene v E E Caledonia
property owner
Attia v British Gas
Those who suffer gradual shock (not sudden)
North Glamorgan NHS Trust v Walters
What must a secondary victim prove
- Negligence by d
- A mental injury
- Primary and Secondary victims (Alcock criteria)
- A person of reasonable fortitude would have suffered the same reaction and injury as c
What is the Alcock criteria
- C must have close ties of love and affection
- C must suffer mental injuries at scene or immediate aftermath
- C suffered shock through own unaided senses
Types of other c
Rescuer
Bystander
Property owner
Near misses
Those who suffer a gradual shock
What are types of primary victims
Directly involved
Near misses
A rescuer in danger
What are secondary victims
Close ties witnessing incident or aftermath
Bysyander not involved/not fearing for own safety
Rescuer not in danger