Psychiatric harm Flashcards
What is psychiatric harm?
psychiatric illness suffered as a result of perception of traumatic events
* Medically recognised psychiatric illness or
* Shock-induced physical condition (eg heart attack)
Do we need to consider whether a claim can be made for psychiatric harm where a claimant is physically injured?
No - where physical injury is reasonably foreseeable, psychiatric injury is as well
What is a primary victim?
suffers psychiatric harm as a result of reasonable fear for own safety
What is a secondary victim?
suffers psychiatric harm due to fear for someone else’s safety
Are bystanders/rescuers given special status when considering primary/secondary victims?
No
What is the test for whether there is a duty of care to primary victims?
reasonably foreseen that C might suffer physical injury
What is the test for whether a duty of care is owed to secondary victims?
- Psychiatric harm is reasonably foreseeable
- Proximity of relationship between C and victim
- Proximity in time and space
- Injury is result of sudden shock
What is classed as proximity of relationship between a claimant and a victim for secondary victims?
Close ties of love and affection
When is there a rebuttable presumption that there are close ties of love and affection between a secondary victim and a victim?
children/parent, married and engaged couples
What is proximity in time and space for secondary victims?
immediate vicinity or witnessed aftermath shortly after
What kind of cases might there be no actual/primary/secondary victim?
Assumption of responsibility
What can assumption of responsibility cases include?
Occupational stress claims
What is the test for occupational stress claims?
- Psychiatric harm to C was reasonably foreseeable
- Foreseeability depends on characteristics of C and requirements made by employer, including-
a. Nature and extent of work
b. Signs of stress
c. Size and scope of business and availability of resources
