Psychiatric Injury Flashcards
Dear and claustrophobia are not recognised illnesses
Reilly v Merseyside RHA
Fear of death is not recognised psychiatric harm
Hicks v CC of South Yorkshire
Separation of primary and secondary victims authority
Alcock v CC of South Yorkshire
Secondary victim definition
Witness to injury, death or endangerment of another
As long as physical harm is foreseeable, psychiatric harm need not be authority
Page v Smith
Fear of future illness not considered
Grieves v F T Everard & Sons Ltd
Rescuers not primary victims unless they are or believe they are at risk themselves authority
White v CC of South Yorkshire
Event that places a rescuer at risk should be viewed broadly
Cullin v London Fire and civil defence authority
Belief that they cause death authority
Dooley v Cammell Laird
Belief of causing death must be reasonable authority
Monk v PC Harrington Ltd
Factors to determine if a duty of care is owed to a secondary victim
Foreseeability of of psychiatric harm
Sufficient relationship between claimant and victim
Proximity in time and space
Harm must be caused by sight/sound of horrifying event
C’s psychiatric injury must be foreseeable
Bourhill v Young
Secondary victims must have a close tie of love and affection to those they witness
Alcock
Secondary victim must be proximate to immediate aftermath
McLoughlin v O’Brian
C must be proximate to accident not death
Taylor v Novo
Unlikely that C will succeed in claiming on effects of witnessing clinical negligence
Liverpool Women’s Hospital NHS Trust v Ronayne
Traumatic Childbirth classes as single traumatic event
RE v Calderdale and Huddersfield NHS Trust
Secondary victim cannot claim where victim is D
Greatorex v Greatorex
Secondary victim can claim on basis of seeing property destroyed
Attia v British Gas Plc
Employers have duty of care not to cause employees harm
Hatton v Sunderland
Test for stress at work
R+F that C would suffer psychiatric injury
Has to be gradual buildup
Authority for stress at work
Barber v Somerset CC
