Psychiatric Injury Flashcards
Page v Smith
Distinguishes primary and secondary V.s
Distinguishes victims
Page v Smith
Primary victim must be…
Present at the accident and physically injured or at risk of physical injury and instead suffered psychiatric injury as a result
Near misses
Zone of danger
Criteria for secondary victims
Alcock-
at accident/immediate aftermath
close tie of love/affection
witnessed accident with own unaided senses (not via media)
threshold test - a person of reasonable fortitude
injury must be called by a single sudden event
Alcock case
Criteria for secondary victims
At accident/immediate aftermath and close tie of love/affection
Witnessed accident with own unaided senses (not via media)
Injury must be called by a single sudden event
McLoughlin v O’Brien
Alcock
Sion v Hampstead Health Authority (14 days = insufficient)
Psychiatric injury definition
Severe, long-term mental injury which is more than mere shock or grief - Reilly v Merseyside Regional Health Authority
Reilly v Merseyside Regional Health Authority
Must be more than mere shock or grief
Fear for own safety = sufficient
Fear for safety of a family member = sufficient
Dulieu v White
Hambrook v Stokes
Dulieu v White
Hambrook v Stokes
Fear for own safety = sufficient
Fear for safety of a family member = sufficient
