Psychiatric Injury Flashcards
What is stage 1 of Psychiatric Injury?
Stage 1- The C must be suffering from a recognised psychiatric injury, not ordinary human emotions (Reilly v Merseyside Health Authority).
Sion- The claimant must show the illness was caused by a traumatic event or an “assault on the senses.”
What is stage 2 of Psychiatric Injury?
Stage 2- Was the claimant a primary victim or a secondary victim?
What is a primary victim?
A person who reasonably fears for their own physical safety or is within the zone of danger.
What is the two stage test for a primary victim? Name the case that established this.
Page v Smith
1) C does not have to show that psychiatric injury was foreseeable, as long as some form of personal injury was foreseeable.
2) C does not have to be a person of normal fortitude (normal human emotions).
What is a secondary victim?
A person who witnessed a traumatic event but is not actually in the zone of danger.
What are the two cases for the control mechanisms for secondary victims?
Alcock, updated by Paul Polmear and Purchase.
What is the first control mechanism?
Love- there must be close ties of love and affection.
What is the second control mechanism?
Witness- the c must witness the accident or its immediate aftermath.
McLoughlin v O’Brian- “post-accident state”
What is the third control mechanism?
Directly perceived- The c must have directly perceived the accident or its immediate aftermath not through social media or the news.
What is the fourth control mechanism?
Connection- there must be a connection between witnessing the event or aftermath and the injuries suffered.
What are the two side rules for stage two?
Rescuers (Chadwick)- rescuers can claim for psychiatric injury as the danger is foreseeable.
Bystanders (McFarlane)- bystanders cannot claim for psychiatric injury as there isn’t a close physical proximity.
