Psychiatric injury Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Stage 1: recognized psychiatric injury

A

C must be suffering from a recognised psychiatric injury not ordinary human emotions ( Reilly v Merseyside Health Authority)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Stage 1: Sion v Hampstead health authority

A

claimant must show that illness was caused by a traumatic event or an “assault on the senses”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Stage 2: were claimants primary or secondary victims

A

;)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Stage 2: Primary victims

A

a primary victim is a person who reasonably fears for their own physical safety or is within the zone of danger (Page v Smith)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Stage 2: primary victim test 1)

A

primary victims do not have to show that the psychiatric injury was foreseeable, merely that some kind of personal injury was foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Stage 2: Primary victim test 2)

A

the primary victim does not need to be a person of normal fortitude

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Stage 2: Secondary victim

A

unwilling witness to the traumatic event but is not personally in danger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Stage 2: Secondary victim control mechanisms

A

(Alcock) established the control mechanisms and they were updated by Paul, Polmear and Purchase

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Control 1 LOVE

A

must have close ties of love and affection with the primary victim eg friends, family, partners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Control 2 WITNESS

A

must witness the accident or its immediate aftermath with your own unaided senses (Mcloughlin v O’Brian)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Control 3: D must have directly perceived

A

Must perceive the accident or it’s immediate aftermath involving a close family member

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Control 4: Connection

A

Sufficient for the c who was present at the accident or witnessed its immediate aftermath to show that there is a connection between witnessing the event and illness suffered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Stage 2 side rule: rescuers

A

Chadwick v British transport- if the rescuer is a primary victim they can claim, if secondary victim they must satisfy Alcock control mechanisms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Stage 2 side rule: Bystanders

A

McFarlane- bystanders cannot claim unless they satisfy Alcock control mechanisms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly