Psychiatric harm

Question 1

What is a definition of psychiatricAn actual harm?

Answer 1

Key criteria:
1) medically recognised, or shock induced physical condition
Things like PTSD and clinical depression are considered, but grief or isolated flashbacks are not

Question 2

Who are the different types of victims? What is the ditu of care owed?

Answer 2

an actual victim- a person who has suffered physical harm and possibly also psychiatric harm
Duty of care- apply the normal rules, the fact that part of the harm might be psychiatric harm gives rise to no conceptual differences

A primary victim- someone who does not suffer physical harm , but who suffers psychiatric harm as a result of reasonable fear for their own physical safety- objective test
Duty of care- The starting point is to establish that physical harm was reasonably foreseeable. Once this hurdle is overcome, the court will apply the normal principles for determining the existence of a duty of care.

A secondary victim- someone who does not suffer physical harm, but who suffers psychiatric harm due to fear for someone else’s safety. They are not in the danger zone.
Duty of care: Apply the alcock criteria

Question 3

What is the alcock criteria?

Answer 3

1) identify the parties and tort

2) tidentify the loss

3) identify the claimant as a secondary victim

4)apply the alcock criteria
:
1) was psychiatric harm reasonably foreseeable
2) is there proximity of relationship between the claimant and victim
3) is there proximity in time and space?