NEGLIGENCE- psychiatric harm Flashcards
what is plan of psychiatric harm?
DUTY/BREACH/DAMAGE (psychiatric)=sue
what does the courts recognise?
courts will recognise claim causes psychiatric injury/damage
what is psychiatric harm also known as?
nervous shcok
what are the illnesses required for there to be a claim of psychiatric harm?
clinical depression
emotional distress
anxiety
post traumatic stress disorder
what is the case for classification of psychiatric harm & why did it fail?
reilly v merseyside regional health authority- and had claustrophobia and insomnia
case to dictate psychiatric harm?
hinz v berry
what do you first need to prove?
negligence-duty, breach,damage
what does there need to be with phsyciatric harm?
sudden shock
what is the case for sudden shock?
sion v hampstead health authority-failed
what are the 3 types of victims?
primary, secondary, rescuers
what is primary victim also known as?
direct victim
what happened with the primary victim?
directly encountered d’s negligence
what can the primary victim do?
v can sue for personal injury/psychiatric harm
are there any limits for pv?
no there is no policy reason (floodgates) for pv as there will always be a limited number (no sudden shock)
cases for pv?
page v smith & attia v british gas
what are secondary victims?
suffers only psych harm and weren’t involved in initial incident, result of learning what happened in original incident.
case to establish sv?
Aclock v Chief Const of South Yorkshire
what are the 2 requirements for secondary victims
- c must have close relationship w/primary v ‘love & affection’
- must be proximity in relationship btw sv and pv at immediate aftermath / @scene
what was the requirements done in which case?
Aclock v Chief Const of South Yorkshire
what is another type of sv?
rescuer
what is a rescuer?
assists in rescue operation resulting from d’s negligence
case for rescuer?
chadwick v british transport commission
what can the rescuer get from incident?
post traumatic stress from saving
what has the rescuer do?
put himself in danger,suffers psychiatric injury from what he sees
would rescuer satisfy the other test?
no
what happens if you dont satisfy pv,sv/rescuer?
cannot claim
