Tort 2.2: PPH Flashcards
What is the difference between pure psychiatric harm and consequential psychiatric harm?
Pure Psychiatric Harm: Psychiatric harm suffered without physical impact
Consequential Psychiatric Harm: psychiatric harm as result of physical injury
Is a duty of care owed for consequential psychiatric harm?
Yes
Is a duty of care owed for PPH?
Generally no
For pure psychiatric harm what are the different types of victims?
Primary victims
- Was in actual area of danger created by negligence (or reasonably believed themselves to be)
Secondary victims
- was not in actual area of danger
- Witness injury to someone else/immediate aftermath OR fears safety of another person
What type of injury must a claimant suffer for a duty of care to be owed in psychiatric harm claims?
- medically recognised psychiatric illness or
- shock-induced physical condition
When is a duty of care owed to a primary victim (PV) for psychiatric harm?
- If they were in the actual area of danger or reasonably believed they were in danger &
- Risk of physical injury was foreseeable
What are the requirements for a duty of care owed to a secondary victim (SV) for psychiatric harm?
- Foreseeability: It must be reasonably foreseeable that a person of normal fortitude in the claimant’s position would suffer psychiatric illness (with the egg-shell skull rule applying).
- Proximity of relationship: There must be a close relationship of love and affection, presumed for close family members, or proven otherwise.
- Proximity in time and space: The claimant must be present at the scene of the accident or its immediate aftermath.
- Proximity of perception: The claimant must see or hear the event or its immediate aftermath.
What might count as recognised medical conditions of Pure Psychiatric Harm?
YES
- Depression
- PTSD
- Shock induced physical condition
- Anxiety disorder
NOT
- simple anxiety
- alarm
- distress
How are rescuers treated in claims for psychiatric harm?
Rescuers, especially those acting in the course of their employment, are treated in the same way as any other victim suffering psychiatric harm. They must meet the requirements applicable to primary or secondary victims.
What needs to be established for breach of duty (BoD) and causation in psychiatric harm claims?
- Breach of Duty (BoD): It is generally accepted if psychiatric harm was foreseeable.
- Causation: Damage must be a reasonably foreseeable consequence of D negligence and not too remote. The egg-shell skull rule applies, meaning C only needs to prove that some damage of the kind suffered was foreseeable. They can recover damages for the full extent of the harm.
What is the presumption of proximity relationship for secondary victims (SV)?
- Parent-child
- Husband-wife
- Fiancé-fiancée
What are the requirements for proximity in time, space, and perception for secondary victims?
- Immediate aftermath: They must be at the scene of the accident or at the hospital shortly after it occurred.
- Time removed: SV cannot claim for events that are significantly removed in time from the original incident (e.g., witnessing death weeks later or seeing a family member in a mortuary hours after).
What are the implications of the recent Supreme Court ruling on claims against hospitals for psychiatric harm?
A recent Supreme Court ruling stated that claimants cannot recover damages from hospitals for the misdiagnosis of an illness leading to the death of a loved one, even if they witnessed the death.
What important note was established in a recent Supreme Court case regarding sudden shock and psychiatric harm claims?
The recent Supreme Court case removed the requirement that the claimant’s psychiatric injury must be caused by a sudden shock, broadening the scope of what may be considered recoverable psychiatric harm.
