Psychiatric harm P2 Flashcards
what is classed and psychiatric harm
nervous shock - recognised psychiatric illness that can be independantly verified on the basis of the medical evidance
It represents long term psychiatric consequence of a shocking event that was experienced by the claimant
what are symptoms of long term psychiatric harm
irritability, sleep problems, flashbacks, concentration and memory
what must the symptoms do in order to be classed as phsyciatric harm and what are excluded from being class as psychiatric harm
must be persistant and leave c unable to carry out ordinary work, family or social activities in a normal way
sadness, grief or general sadness is excluded
what must be satified for psychiatric harm and what disaster was the law defined by for it
must show you are a primary or secondary victim
defined by the Hillsborough disaster
what are the two types of primary victim
directly involved
rescurers
what is the definition of a primary victim
who is injured or fears he will be injured and suffers psychiatric harm as a result
what is the definition of a directly involved primary victim
must have feared for his own safety
can claim even if escapes physicall harm
physical harm does not need to be reasonably forseeable as long as some form of harm was - physical or psychological or fear for own safety
which case showed that some kind of personal injury was forseeable for directly involved primary victim
Page V Smith (1996)
which other case showed that the directly involved primary victim feared for his safety and injury was forseeable
Donachie V CC of GMP
what is the definition of rescuers for primary victim
someone who attends the scene and must be enaged in rescue activities and must fear for their own safety during
which case was not liable for psychiatric harm as rescuers as the police officers owed a duty of care and were not in any kind of danger
White V CC of South Yorkshire (1998)
which case showed c was entitled to recover as it was reasonably forseeable that somebody might try to rescue
Chadwick V British railway Board (1967)
what is the defintion of a secondary victim
not in personal physical danger but witnessed accident or aftermath
what are the 4 requirements that someone must meet for secondary victim
c must have proximity of relationship
must have proximity of time and place
must percieve the incident with his own senses
it must be reasonably forseeable that c suffers with psychiatric harm
what satisfies for c must have proximity of relationship
must have a ‘close tie of love and affection’
parent, child or spouse of a victim will have a close tie
it is possible for a fiance, grandparent who raised grandkids and identical twin
which case shows you need proximity of love and relationship
Bourhill V Young (1943)
which case showed that object can class as a close tie
Attia V British Gas (1988)
which other case is used for proximity of relationship
Robertson & Rough V Forth Road (1995)
what is proximity must be both time and space
direct and immediate sight or hearing is not required as immediate after math also counts
which case established how long the immediate aftermath is and how long is it
McLoughlin V O’Brian (1981) - 2 hours is suffient
which case showed the immediate aftermath can be an unbroken chain of events between the discovery of the body and at the mortuary
Galli-Atkinson V Seghal (2003)
which case showed that there was insuffient proximity to time of the accident as death occured 3 weeks later
Taylor V A Novo (2013)
what case showed that proximity in those circumstance will be established if:
c attended scene in immediate aftermath and scene in hospital was a continuation
what c witnessed at hospital is far more chaotic and distressing than the norm
Berisha V Stone Superstore Ltd (2014)
what did Watlers V North Glamagan NHS trust help to show
It was a series of events from the immediate aftermath
What is C must perceive the incident with his own senses
C must be present at time of accident or immediate aftermath
Alcock excludes those being near or hearing through others or the media
What is the leading judgement in Alcock referred back to Lord Willberforce in McLoughlin V O’Brien - nervous shock
“Must come through sight of hearing of the event on or of its immediate aftermath. [Lord Willberforce] also said that it was surely right that the law should not compensate shock brought about by communication by the third party”
Once all three of Alcocks rules have been met what is the last further requirement
C perceived the incident with his own senses : reasonable foresight
What is C perceived the incident with his own senses: reasonable fortitude
C must prove that psychiatric injury was foreseeable and person of reasonable fortitude would have sustained it
C cannot claim for thin skull rule if reasonable fortitude would not suffer in the same way
