Psychiatric injury Flashcards
What is the structure of a psychiatric injury answer?
Define and identify type of victim
Duty of care
Breach of duty
Resulting damage
WHO recognised condition
Sudden and shocking evening - (secondary victims only)
What are the two types of psychiatric injury victims?
Primary and secondary victims
What is the definition of a primary victim?
Someone who was in the area of danger or feared injury to themselves and later suffers psychiatric injury
What is the definition of secondary victim?
Someone who witnesses injury to another or who fears injury to another and later suffers psychiatric injury
Page v Smith applies to what?
Primary victim
MacLaughlin v O’Brian applies to what?
Secondary victim
What duty of care test applies to primary victims?
Caparo or Robinson
What duty of care test applies to secondary victims?
Caparo with legal proximity replaced by the Alcock test
What are the three elements of the Alcock test?
Proximity of relationship
Proximity of time and space
Proximity of perception
Proximity of relationship explanation
Will usually only apply to parent/child or husband/wife relationships. Friends will normally fail this test
Proximity of perception explanation
Must witness with own unaided senses e.g. not witness event through TV
What will voluntary rescuers who suffer psychiatric harm be classed as?
A primary victim
What will professional rescuers who suffer psychiatric harm be classed as?
Primary if they fear injury to themselves or Secondary if they satisfy the Alcock test
Greatorex v Greatorex applies to what?
Professional Rescuers
Chadwick v British Railway Board applies to what?
Volunteer rescuers
