LAW P2 TORT (PSYCHIATRIC INJ) Flashcards
What is the definition of psychiatric injury?
Psychiatric injury is a long term diagnosed mental injury which is greater than shock or grief
What is the requirement of psychiatric injury?
Psychiatric injury must be diagnosed by a fully qualified medical professional
What does not amount to psychiatric injury?
Grief, sorrow, fear, panic, terror do not amount to psychiatric injury
What is the case for the things which cannot amount to psychiatric injury?
Hinz v berry, grief, sorrow, fear, panic, terror do not amount to psychiatric injury.
What are the two types of victims?
- Primary victim
- Secondary victim
What is a primary victim?
A primary victim is someone in the zone of physical danger.
What is the case for primary victims?
Mcfarlane v EE caledona, primary victims must be in the zone of physical danger
What are secondary victims?
A secondary victim is someone not within the zone of physical danger, but a witness to a horiffic event.
What is the 4 part Alcock test?
victim must satisfy the 4 part alcock test to qualify as a secondary victim:
- Victim must have a close tie of love and affection with the primary victim
- Victim must withness the event with their own unaided senses
- The victim must be proximate to the event or its immediate aftermath
- The victim must recieve physicatric injury as a result of a shocking event
What are the cases for the 4 part alcock test?
- Alcock v chief constable of south yorkshire, the claimants were classed as secondary victims since they were not in the physical zone of danger
- Sion v hampstead health authority, a claim for psychiatric injury cannot be based merely on the witness of a traumatic event
- Mcloughlin v o’brien, a person can recover damages if they are a secondary victim who witnesses the immediate aftermath of an accident involving a close family member.
- W v Essex county council, a claimant can recover for psychiatric injury if it is a foreseeable consequence of the defendants negligence.
