psychiatric injury Flashcards
How has ‘psychiatric injury’ been defined?
a sudden assault on the nervous system
what are the two things that need to be established?
1- does the C have a recognised psychiatric injury 2- was C a primary or secondary victim?
What must the recognised psychiatric injury be capable of?
capable of resulting from the shock of the incident and capable of having long term effects
Which case said “physical symptoms of fear and panic such as sweating and breathing difficulties was not sufficient”
Reilly v Merseyside Regional Health Authority
Which case categorised primary and secondary victims?
Alcock v Chief constable of South Yorkshire
What is a primary victim?
someone who’s own safety has been put in danger by the incident involving D’s negligence, they were in the zone of danger.
Does C, if a primary victim, have to prove that the psychiatric injury was foreseeable?
No, it is also irrelevant that an ordinary person would not have suffered the injury incurred (thin skull rule)
What was held in page v smith?
thin skull rule applies, doesn’t matter that he had chronic fatigue, take your victim as you find them
What did Chadwick v British Railways Board establish?
A rescuer will be classed as a primary victim if they are at risk.
What is a secondary victim?
One who suffers psychiatric injury without themselves being exposed to danger.
What must a secondary victim prove?
The Alcock criteria
What is the Alcock criteria?
1) close ties of love and affection 2) C suffered mental injuries at scene or immediate aftermath 3) C must witness scene with own unaided senses
Which case stated C must suffer injuries at immediate aftermath
Mcloughlin v O’brien
What does it mean by own unaided senses?
They cannot hear about it from a third party
What is the second to last thing that secondary victims must establish?
That a person of ordinary fortitude “customary phlegm” would foreseeably have suffered some psychiatric injury (Bourhill v Young)
