psychiatric injury

Question 1

what is psychiatric injury

Answer 1

a long term, diagnosed mental injury,
greater than grief or shock.

Question 2

secondary victim

Answer 2

suffers nervous shock due to fear for the safety of another. Usually witnessing harm done to another

Question 3

what are the 3 requirements for a secondary victim of psychiatric injury

Answer 3

• suffered recognised, diagnosed psychiatric injury
  (Glossary of Mental Disorder)
• Psychiatric harm must be foreseeable consequence of D’s negligence (Bourhill v Young).
  -Fulfil criteria in Alcock v South Yorkshire Police

Question 4

what is the acronym for the alcock criteria that must be proved to claim as secondary victim

Answer 4

C lose ties of love and affection
A t the scene or aftermath
U naided senses
S udden shock
E ven if above satisfied (person of ‘reasonable fortitude’ must suffer same reaction + injury.

Question 5

what is the case law for ‘at the scene or aftermath’

Answer 5

McLoughlin v O’brian - 2 hour rule

Question 6

outline ‘even if above are satisfied…’ meaning

Answer 6

person with ‘reasonable fortitude’ would need to have suffered same reaction/injury-‘threshold test’