NEGLIGENCE- psychiatric harm

Question 1

what is plan of psychiatric harm?

Answer 1

DUTY/BREACH/DAMAGE (psychiatric)=sue

Question 2

what does the courts recognise?

Answer 2

courts will recognise claim causes psychiatric injury/damage

Question 3

what is psychiatric harm also known as?

Answer 3

nervous shcok

Question 4

what are the illnesses required for there to be a claim of psychiatric harm?

Answer 4

clinical depression
emotional distress
anxiety
post traumatic stress disorder

Question 5

what is the case for classification of psychiatric harm & why did it fail?

Answer 5

reilly v merseyside regional health authority- and had claustrophobia and insomnia

Question 6

case to dictate psychiatric harm?

Answer 6

hinz v berry

Question 7

what do you first need to prove?

Answer 7

negligence-duty, breach,damage

Question 8

what does there need to be with phsyciatric harm?

Answer 8

sudden shock

Question 9

what is the case for sudden shock?

Answer 9

sion v hampstead health authority-failed

Question 10

what are the 3 types of victims?

Answer 10

primary, secondary, rescuers

Question 11

what is primary victim also known as?

Answer 11

direct victim

Question 12

what happened with the primary victim?

Answer 12

directly encountered d’s negligence

Question 13

what can the primary victim do?

Answer 13

v can sue for personal injury/psychiatric harm

Question 14

are there any limits for pv?

Answer 14

no there is no policy reason (floodgates) for pv as there will always be a limited number (no sudden shock)

Question 15

cases for pv?

Answer 15

page v smith & attia v british gas

Question 16

what are secondary victims?

Answer 16

suffers only psych harm and weren’t involved in initial incident, result of learning what happened in original incident.

Question 17

case to establish sv?

Answer 17

Aclock v Chief Const of South Yorkshire

Question 19

what are the 2 requirements for secondary victims

Answer 19

1. c must have close relationship w/primary v ‘love & affection’
2. must be proximity in relationship btw sv and pv at immediate aftermath / @scene

Question 20

what was the requirements done in which case?

Answer 20

Aclock v Chief Const of South Yorkshire

Question 21

what is another type of sv?

Answer 21

rescuer

Question 22

what is a rescuer?

Answer 22

assists in rescue operation resulting from d’s negligence

Question 23

case for rescuer?

Answer 23

chadwick v british transport commission

Question 24

what can the rescuer get from incident?

Answer 24

post traumatic stress from saving

Question 25

what has the rescuer do?

Answer 25

put himself in danger,suffers psychiatric injury from what he sees

Question 26

would rescuer satisfy the other test?

Answer 26

no

Question 27

what happens if you dont satisfy pv,sv/rescuer?

Answer 27

cannot claim