Psychiatric Injury

Question 1

What is psychiatric injury

Answer 1

Damage to the mind rather than the body.

Question 2

Primary Victims + Case

Answer 2

• A primary victim is someone who is in the area or danger or actually believes that she is in danger and either suffers physical injury or escapes physical injury but later suffers psychological injury.
• Page v Smith.

Question 3

Secondary Victims + Case

Answer 3

• A secondary victim is a person who witnesses an injury to another or fears an injury to another (bystander) and later suffers psychological injury.
• McLoughlin v O’Brian.

Question 4

When do we use the Alcock proximity test

Answer 4

Only on secondary victims.

Question 5

Alcock Proximity Test- Proximity of Relationship

Answer 5

The claimant must have a close tie of love and affection with the primary victim. In the Alcock case it was held that the partner and parent/child would automatically have a close emotional relationship and all other relationships would be judged on a case by case basis. Grandparents, siblings normally fail.

Question 6

Alcock Proximity Test- Proximity of Time and Space

Answer 6

Claimant was present at the scene or the immediate aftermath. In McLoughlin v O’Brain the immediate aftermath included up to one hour later where the bodies hadn’t been cleaned up. However, identifying a body in a mortuary was not deemed to be the immediate aftermath.

Question 7

Alcock Proximity Test- Proximity of Perception

Answer 7

It must be proven that the claimant witnesses the event with his/her own unaided senses. This can include sight, hearing and touch. It isn’t enough to be told about the accident or hear about it on TV or the radio.

Question 8

Sudden Shocking Event + Case

Answer 8

• Secondary victims must also prove that their injury was caused by a sudden shock. If the psychiatric injury results from witnessing a gradual sequence of events rather than a sudden shock, then there will be no liability.
• Sion v Hampstead Health Authority.