Law of Tort- Psychiatric Harm

Question 1

Why were courts previously reluctant to award damages for Psychiatric damage?

Answer 1

It was seen as a character flaw and not an area of medicine.

Question 2

What is psychiatric damage?

Answer 2

The onset of psychiatric illness caused by witnessing or experiencing a negligent action or the aftermath of it.

Question 3

What was Nicholas N. Chin’s view on psychiatric damage?

Answer 3

It must be a recognised condition and not just one of grief.

Question 4

What was held in Tredget v Bexley Health Authority?

Answer 4

Profound grief after the death caused by a defendant’s negligence was held to be nervous shock.

Question 5

What did Lord Steyn state in White and others v Chief Constable?

Answer 5

“Only recognised nervous shock ranks for consideration”.

Question 6

What is the first step in claiming psychiatric damage?

Answer 6

Psychiatric injuries must be medically recognised. This separates legitimate and non-legitimate claims.

Question 7

In what case was pathological grief constituted to be a medical condition?

Answer 7

Vernon v Bosley.

Question 8

In what case was PTSD constituted as a medical condition?

Answer 8

Leach v Chief Constable.

Question 9

In what case was personality disorder constituted to be a medical condition?

Answer 9

Chadwick v British Railway board.

Question 10

Is trauma induced miscarriage psychiatric injury?

Answer 10

No, however, it is medically recognised in tort; as in, Bourhill v Young.

Question 11

How are unrecognised psychiatric harms decided?

Answer 11

By the distinction of actionable and non-actionable.

Question 12

What did Lord Denning state in Hinz v Berry?

Answer 12

“In English law, no damages are awarded for grief or sorrow by a person’s death”.

Question 13

What is the second stage in claiming psychiatric injury?

Answer 13

Psychiatric injury must be caused by a sudden event.

Question 14

What happened in Alcock v Chief Constable?

Answer 14

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.

Question 15

What did Lord Ackner state in Alcock v Chief Constable?

Answer 15

“Shock in this context involves the sudden application of sight or sound of a horrific event.

Question 16

What was the legal principle in Walters v North Glamorgan NHS trust?

Answer 16

Sudden does not mean immediate. Although the event happened over a period of time, the shock experienced was immediate.

Question 17

What is the third stage in establishing nervous shock?

Answer 17

Establishing a duty of care.

Question 18

What are the three elements of establishing a duty of care in Alcock v Chief Constable?

Answer 18

• Reasonable foresight of harm
• Relationship of proximity
• Nature of shock

Question 19

In what case were primary victims and secondary victims distinguished?

Answer 19

Page v Smith.

Question 20

What are primary victims?

Answer 20

Victims directly involved with the incident.

Question 21

What are secondary victims?

Answer 21

Victims who witnessed events.

Question 22

How are primary victims proved in Alcock v Chief Constable?

Answer 22

When they are:
- Objectively exposed to danger
- Or, hold a reasonable belief that they are in danger.

Question 23

What was held in White v Chief Constable, in relation to primary victims?

Answer 23

They were not primary victims as they were not exposed to danger or obliged to have a reasonable belief that they are in danger.

Question 23

How are secondary victims determined?

Answer 23

The Alcock Criteria and Threshold test.

Question 24

What is the Alcock Criteria?

Answer 24

• 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.

Question 25

What is the time frame for ‘immediate aftermath’?

Answer 25

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.

Question 26

What is the threshold test?

Answer 26

‘Would a person of reasonable fortitude have suffered the same reaction and injury as the claimant?’

Question 27

What are bystanders?

Answer 27

Secondary victims that do not help.

Question 28

What happened in McFarlane v E E Caledonia?

Answer 28

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.

Question 29

What case shows property owners as secondary victims?

Answer 29

Attia v British Gas.

Question 30

What was held in Hatton v Sutherland?

Answer 30

A primary victim is one that is in the zone of foreseeable harm