Tort 4: Psychiatric Harm

Question 1

What is the difference between pure psychiatric harm and consequential psychiatric harm?

Answer 1

Pure Psychiatric Harm
- caused without physical injury
- must be psychiatric condition caused by shock or shock inducted physical condition

Consequential Psychiatric Harm
- when physical injury caused by negligence is accompanied by psychiatric harm

Question 2

Is a duty of care owed for consequential psychiatric harm?

Answer 2

Yes duty of care which is breached by physical injury extenders to psychiatric harm.

Question 3

For pure psychiatric harm what are the different types of victims?

Answer 3

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

Question 4

What is the duty owed to primary victims in relation to pure psychiatric harm?

Answer 4

Owed duty of care provided that there was a foreseeable risk of physical injury to them.

No need for psychiatric harm to be foreseeable as a result of the defendants actions.

Question 5

What is the duty owned to secondary victims in ration to pure psychiatric harm?

Answer 5

Duty only owed if:

• it was reasonably foreseeable that a person of normal fortitude in claimants position would suffer psychiatric illness in the circumstances;
• Secondary victim must have had close ties of love and affection with person endangered by the defendants negligence;
• secondary victim must have been present at the accident or its immediate aftermath in time and space; and
• secondary victim must have witnessed events with their own unaided senses.

Question 6

What are the limitations on duty of care for pure psychiatric harm?

Answer 6

Pure Psychiatric harm only NOT consequential

For both primary and secondary victims

1. must be medically recognised condition
2. Sudden shock
   - rather than harm caused by exposure to shock over longer period of time
   - EXCEPTION for primary victims can suffer over period of time such as mother having disabled baby due to negligent medical treatment
   - may also apply to employees suffering due to prolonged stress at work

Question 7

What might count as recognised medical conditions of Pure Psychiatric Harm?

Answer 7

Depression
PTSD
Shock induced physical condition
Anxiety disorder

NOT
- simple anxiety
- alarm
- distress