psychiatric injury

Question 1

Stage 1 of psychiatric injury

Answer 1

• The C must be suffering from a recognised psychiatric injury, not ordinary human emotions. (Reilly vs health authority)
• The claimant must show that this illness was caused by a traumatic event or an “Assault on the senses” - (Sion vs Hampsted health authority)

Question 2

Stage 2 of psychiatric injury intro and definitions

Answer 2

-This stage asks whether the D was a primary or a secondary victim.
- A primary victim is anyone who fears for their own physical safety or is in the zone of danger.
- A secondary victim is an unwilling witness to a traumatic incident, but is in no physical danger.

Question 3

Stage 2 of psychiatric injury- primary victim test

Answer 3

Page vs Smith established a two stage test for primary victims:
-1- Primary victims do not have to show that the psychiatric injury was foreseeable, merely that some kind of personal injury was foreseeable.
-2- The primary victim does not have to be a person a normal fortitude

Question 4

Stage two of psychiatric injury- secondary victims part one

Answer 4

Alcock established that the secondary victim must meet the following control mechanisms in order to make a claim:
-1- The victim must have close ties of love and affection to the primary victim.
-2- They must have witnessed the accident or its immediate aftermath with their own unaided senses. McLaughlin vs O Brian stated this required the primary victim to be in their post accidental state, and not cleaned up.

Question 5

Stage 2 of psychiatric injury - secondary victims test part 2

Answer 5

-3- D must have directly perceived the accident or its immediate aftermath, involving a family member
-4- It is sufficient for the C who was present at the scene of the accident or its immediate aftermath to show that there is a link between witnessing the accident and the illness suffered.

Question 6

Side rules for stage 2 of psychiatric injury

Answer 6

-1- Rescuers- if they are a primary victim, then they can claim. If they are a secondary victim then they must satisfy the Alcock control mechanisms (Chadwick vs British transport)
-2- Bystanders- Mcfarlane stated that bystanders cannot claim unless they satisfy the Alcock control mechanisms