Psychiatric Harm

Question 1

what are the only two types of harm that are recoverable under psychiatric harm

Answer 1

• medically recognised psychiatric illness
• shock-induced physical condition (e.g heart attack)

Question 2

who is an actual victim?

Answer 2

Someone who has suffered physical harm and possibly also psychiatric harm.

Question 3

who is considered to be a primary victim?

Answer 3

Someone who does not suffer physical harm but suffers psychiatric harm as a result of reasonable fear for their own physical safety (Objective test).

Question 4

who is considered a Secondary Victim?

Answer 4

Someone who suffers harm due to fear for someone else’s safety, normally a close relative (They are not in the danger zone).

Question 5

what is the structure for determining duty for a Primary Victim?

Answer 5

1. is there medically recognised psychiatric harm?
2. Was physical harm reasonably foreseeable? (thin skull rule may apply)
3. Is there precedent for allowing duty or can Caparo be applied?

Question 6

What is the structure for determining a duty of care for secondary victims

Answer 6

1. Is there a medically psychiatric harm or schock-induced physical condition?
2. Satisfy the Alcock criteria

Question 7

What are the Alcok criteria

Answer 7

1. Was psychiatric harm reasonably foreseeable in a person of ordinary fortitude in the same circumstances?
2. Is there proximity of relationship between the claimant and the victim - close ties of love and affection will be preseumed for parent/child, husband/wife, engaged couple. Otherwise, very difficult to prove.
3. Is there proximity in time and space

(fair, just and reasonable to impose a duty?)

Question 8

When does the Defendant owe a duty of crae to avoid causing psychiatric harm in an assumption of responsibility case?

Answer 8

When they have assumed responsibility to ensure the claimant avoids reasonably foreseeable psychiatric harm (e.g., employer/employee, doctor/patient, police/informant). This includes occupational stress.

Question 9

What factors influence foreseeability in Assumption of Responsibility Cases?

Answer 9

Relationship between characteristics of the claimant and requirements made of them.

Nature and extent of work being done.

Signs of stress.

Size and scope of the business and availability of resources.

Question 10

Once the foreseeability ‘threshold’ is crossed, what is the relevance of ordinary fortitude?

Answer 10

It is immaterial whether a person of ordinary fortitude would have suffered the harm.

Question 11

What are the 6 key principles from Paul

Answer 11

1. The Dr does not owe witnesses a duty of care
2. There is a clear distinction between accident cases and medical crisis cases
3. A secondary victim must be present at the scene of the accident or its immediate aftermath to recover damages
4. There is no requirement for psychiatric injury to have been caused by a sudden shock
5. The accident need not be horrifying
6. A time gap between the D’s breach and the accident will not bar recovery