Law of Tort- Psychiatric Harm Flashcards
Why were courts previously reluctant to award damages for Psychiatric damage?
It was seen as a character flaw and not an area of medicine.
What is psychiatric damage?
The onset of psychiatric illness caused by witnessing or experiencing a negligent action or the aftermath of it.
What was Nicholas N. Chin’s view on psychiatric damage?
It must be a recognised condition and not just one of grief.
What was held in Tredget v Bexley Health Authority?
Profound grief after the death caused by a defendant’s negligence was held to be nervous shock.
What did Lord Steyn state in White and others v Chief Constable?
“Only recognised nervous shock ranks for consideration”.
What is the first step in claiming psychiatric damage?
Psychiatric injuries must be medically recognised. This separates legitimate and non-legitimate claims.
In what case was pathological grief constituted to be a medical condition?
Vernon v Bosley.
In what case was PTSD constituted as a medical condition?
Leach v Chief Constable.
In what case was personality disorder constituted to be a medical condition?
Chadwick v British Railway board.
Is trauma induced miscarriage psychiatric injury?
No, however, it is medically recognised in tort; as in, Bourhill v Young.
How are unrecognised psychiatric harms decided?
By the distinction of actionable and non-actionable.
What did Lord Denning state in Hinz v Berry?
“In English law, no damages are awarded for grief or sorrow by a person’s death”.
What is the second stage in claiming psychiatric injury?
Psychiatric injury must be caused by a sudden event.
What happened in Alcock v Chief Constable?
In the Hillsborough disaster, failing form the police led to supporters being crushed, with 95 casualties. This was witnessed live at the event and on live TV.
What did Lord Ackner state in Alcock v Chief Constable?
“Shock in this context involves the sudden application of sight or sound of a horrific event.
What was the legal principle in Walters v North Glamorgan NHS trust?
Sudden does not mean immediate. Although the event happened over a period of time, the shock experienced was immediate.
What is the third stage in establishing nervous shock?
Establishing a duty of care.
What are the three elements of establishing a duty of care in Alcock v Chief Constable?
- Reasonable foresight of harm
- Relationship of proximity
- Nature of shock
In what case were primary victims and secondary victims distinguished?
Page v Smith.
What are primary victims?
Victims directly involved with the incident.
What are secondary victims?
Victims who witnessed events.
How are primary victims proved in Alcock v Chief Constable?
When they are:
- Objectively exposed to danger
- Or, hold a reasonable belief that they are in danger.
What was held in White v Chief Constable, in relation to primary victims?
They were not primary victims as they were not exposed to danger or obliged to have a reasonable belief that they are in danger.
How are secondary victims determined?
The Alcock Criteria and Threshold test.
What is the Alcock Criteria?
- Claimant has close ties of affection to the victim.
- Claimant must have suffered psychiatric harm at the scene or in the immediate aftermath.
- Claimant seen the accident or the immediate aftermath.
What is the time frame for ‘immediate aftermath’?
There isn’t one. In McLoughlin v O’Brian, a period of two hours was accepted, whereas, in Alcock v Chief Constable, a period of 8 hours was deemed too long.
What is the threshold test?
‘Would a person of reasonable fortitude have suffered the same reaction and injury as the claimant?’
What are bystanders?
Secondary victims that do not help.
What happened in McFarlane v E E Caledonia?
It was held that there was no duty of care owed as the claimant was not in danger and didn’t believe they were. They were not a rescuer, nor a secondary victim.
What case shows property owners as secondary victims?
Attia v British Gas.
What was held in Hatton v Sutherland?
A primary victim is one that is in the zone of foreseeable harm
