T/psychiatric injury scaffold

Question 1

recognised psychiatric illness can be independintly verified on medical evidence?

Answer 1

-occurs when they witness something outside of normal range of human experince
-reilly v meryside physical symptoms of fear and panic such as sweating and breathing were not sufficent to physciatric injury
-in hinz v berry feelings of grief and sorrow dont account for physcatric injury

Question 2

The claiment to be succsseful?

Answer 2

-must either be primary or secondary
primary are defined who directly affected by the negligant act or omission
-2 types of primary victims directly involved and rescuers
-dulieu v white was succsseful as the c was directly involved and in zone of danger
-page v smith the c was succseful because she was invovled in the incident and was at risk themseleves was in zone of danger.

Question 3

rescuers are defined as ?

Answer 3

-those who give assistance to those in danger is also treated as a primary victim because puts himself at risk.
-In white v chief constable of south yorkshire the police were unable to claim the rescuers as they werent directly involved
-in hale v london the firefighter could claim because he went back to the zone.

Question 4

secondary victims ?

Answer 4

• are able to show close ties and affection to the victim of the incident or its immediate aftermath
  -the critera for secondary victim is strict and outlined in alcock
  -must be close love ties and affection
  -reasonably foreseeable that they would suffer psychiartric harm a parent child or spouse mcloughlin v o’brian
  -a bystander cannot claim as in bourhill v young
  -however if they witnessed something very tragic they can claim as in (alcock).

Question 5

proven that the claiment witnessed the event or immediate aftermath ?

Answer 5

-mcloughlin v o’brian
the c arrived at the hospitial to a scene that was reminiscant of the accident this was deemed as immediate aftermath
-(taylerson) not immediate aftermath as it was disconnected from the accident
-atkinson the immediate aftermath as the victims body resembled the accident

Question 6

learned of the event ?

Answer 6

-it must be proven they learned of the event through unaided senses not learnt through the tv or the phone but must have seen it first hand.

Question 7

outro ?

Answer 7

Therefore C can/can not claim for pshyciatric injury