Psychiatric Injury Flashcards
How is psychiatric injury defined?
As a specified psychiatric condition (e.g. depression, neurosis, PTSD etc.) and mere distress or grief is not sufficient
What establishes a primary victim?
1) A person directly affected due to physical damage or property loss
2) A “near misser” - someone who is nearly harmed by an incident
3) A rescuer who is in physical danger
What establishes a secondary victim?
1) A family member witnessing an incident or the aftermath
2) a bystander or witness
3) a rescuer not placed in physical danger
In which case could a rescuer claim for psychiatric injury?
Chadwick v British Rail - the claimant placed himself in physical danger to help those in the Lewisham rail crash (90 killed) and suffered anxiety neurosis as a result
What must be established between the claimant and defendant?
A duty of care
What is the criteria for secondary victims to have a successful claim?
1) Foreseeability - specifically that psychiatric injury is foreseeable
2) Proximity -
a) close ties of love and affection
b) the secondary victim suffered injuries
at the event/immediate aftermath
c) the shock was through their unaided
senses
In which case did the judge say that psychiatric injury for secondary victims must be foreseeable?
Page v Smith
In which case were the defendants not liable for the secondary victims because of insufficient proximity?
Alcock v Chief Constable of South Yorkshire Police - the Hillsborough Incident (family members watching on TV suffered psychiatric harm)
How soon after the incident must the psychiatric injury occur for it to be proximate?
No set time, but two hours was approved in McLoughlin v O’Brien
In which case could rescuers not claim for psychiatric injury because they did not put themselves at risk?
White v Chief Constable of South Yorkshire - the police officers at Hillsborough
In which case could a bystander not claim for psychiatric injury?
Mc Farlane v EE Caledonia - was a bystander and did not satisfy the Alcock criteria
In which case was a claim for psychiatric injury successful due to property damage?
Attia v British Gas - the defendant witnessed her house burning down due to the negligent work of the builders
In which case was the period of deterioration too long for a claim in psychiatric injury?
Sion v Hampstead Health Authority - the son deteriorated in hospital over 14 days
In which case did the time period amount to a sudden appreciation of a horrifying event, meaning that the claim was successful?
North Glamorgan NHS Trust v Walters
