Psychiatric Harm Flashcards
How many general requirements must be satisfied for psychiatric harm?
4
Fault - ‘if D is n________ in relation to C1, C2 etc, he was also negligent in r_____ to the claimant you are considering’
Negligent, relation
What was not a recognised medical condition in Reilly v Merseyside HA?
Claustrophobia and fear
In which case was morbid depression a recognised medical condition?
Hienz v Berry
What must the recognised medical condition result from, and which case tell us this?
The shock of the incident
Calascione v Dixon - shock resulted from the inquest, not the accident itself, so the claim failed
The condition must be capable of having l____-t_____ e_______: ‘likely not to be t_______ in nature’
Long-term effects, transient
Which case tells us that rescuers must now identify as either a primary or secondary victim?
White v CCSY
How is a primary victim described?
Someone present at the scene and injured or at risk of injury; in the ‘zone of physical danger’
What happened in Dulieu v White?
The claimant was a primary victim as she jumped out of the way of a carriage which crashed into her building, the shock from which caused her to miscarry. She was in the ‘zone of danger’.
What two things does Page v Smith tell us must be proved for primary victims? And what are the facts of this case?
That physical harm was foreseeable, and that they need not be a person of normal fortitude. An accident triggered the re-emergence of C’s ME, making it chronic
What is a secondary victim?
Someone not in the zone of physical danger or at risk of injury, but fears for the safety of a primary victim
Which case gives us the criteria for secondary victims?
Alcock v CCSY
A secondary victim must prove they have c____ ties of l____ and a______ with the primary victim. Which relationships are rebuttably presumed to have this?
Close, love and affection.
Spouses, fiances, parent-child
What two other things must secondary victims be proximate in?
Time and space
What does Jaensch v Coffey tell us about proximity in time and space?
A SV must see a PV in their ‘post-accident state’
The illness must be caused s______.
Suddenly
How long did it take for the illness to develop in North Glamorgan NHS Trust v Walters, and was this classed as ‘sudden’?
36 hours, this was seen as sudden enough
Why did the claims of many claimants of the Hillsborough Disaster fail in Alcock?
Because they witnessed the events through the TV, not through their own unaided senses
Finally, C must be a person of n_____ f________ (S______ v British Steel) and must prove that psychiatric injury was foreseeable.
Normal fortitude, Simmons
If not all of the Alcock criteria are satisfied, what category does the claimant fit into, and what does this mean?
Bystander, they cannot claim
