psychiatric harm Flashcards
what is psychiatric harm
must be an actual, medically recognised psychiatric condition, which is long term
vernon v bosley
grief doesn’t constitute as psychiatric harm
reiley v merseyside RHA
normal human emotions after an unpleasant experience don’t constitute towards psychiatric harm
examples of psychiatric harm
- insomnia
- clinical depression
- PTSD
key case for primary and secondary victims
Alcock v CCSY
- relates to whether the claimant is a primary or secondary victim
using a case example, explain who is a primary victim
page v smith
people who are at risk of physical injury, whether or not they actually feared for it
dulieu v white
primary victims are people who are fearful for their own safety
using a case example, explain who is a secondary victim
McLoughlin
secondary victims are people who suffer psychiatric harm but aren’t physically injured or at risk of physical injury
foreseeability for secondary victims
was psychiatric harm foreseeable in a person of normal phlegm and fortitude as a result of defendants actions
how do we test proximity for secondary victims
use the four control mechanisms
control mechanism one
close tie of love and affection
Alcock in control mechanism one
relatives are more likely to succeed in an action for psychiatric harm because of their closeness. Also, the relationship between children/parents and spouses are automatically qualified, the rest have to be proven
McLoughlin in control mechanism one
the closer the tie the greater the claim for consideration
control mechanism two
present at the scene or its immediate aftermath
McLoughlin in control mechanism two
immediate aftermath extended to two hours and also to the hospital where claimants family was
Alcock in control mechanism two
family arrived 8 hours in the mortuary after the event
what to consider when deciding if claimant was at the immediate aftermath
- amount of time that has passed since the event
- purpose of claimants visit
- what did the claimant actually witness
control mechanism three
witnessed the event or its immediate aftermath with unaided senses
Alcock in control mechanism three
not enough to have witnessed the event on TV
Boylan v Keegan in control mechanism three
can not be through the phone
control mechanism four
claimants condition must have been brought on suddenly due to the horrifying event
Alcock in control mechanism four
psychiatric harm has to be caused by shock
Sion v HHA in control mechanism four
didn’t satisfy as shock as the dad watched the son die for over 14 days
