Psychiatric Injury

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  • Psychiatric Injury
    • define
      • 'c must be suffereing from a recognised psychiatric illness capable of resulting from the incident and recognised as having long term effects'
      • could be; depression, ptsd, anxiety
      • Reailly v Merseyside Health Authority (1994)
      • White and Others v CC of South Yorkshire Police (1999)
        • held; must distinguish between those suffering extreme grief and those suffering from recognised psychiatric injury
    • identify if d is primary or secondary victim
      • primary victims
        • reasonably fear for their won safety or is within the zone of danger
        • Page v Smith (1996)
          • primary victims don't have to show the psychiatric injury was forseeable, just some form of injury
          • primary victims doesn't have to be of normal fortitude
      • secondary victims
        • unwilling witness to traumatic incident but no personally in danger of physical harm
        • control mechanisms to establish a claim
          • Alcock (1991)
          • 1; close ties of love and affection
          • 2; witness the accident or immediate aftermath
            • Mcloughlin v O'Brian (1983)
          • 3; induced by shock
            • Sion (1994)
            • North Glamorgan NHS trust v Walters 2002
          • 4; the psychiatric injury must be forseeable
          • 5; must be of normal fortitude
    • rescuers
      • danger invites rescue, it's in public interest to allow claims by rescuers if they suffer psychiatric injury
      • Chadwick v British Transport (1967)
        • held; danger and injury is forseeable to those who try to help and rescue
      • White and Others v CC of South Yorkshire Police (1999)
        • held; rescuers must put themselves in danger, but bystanders cannot claim for psychiatric injury
      • McFarlane v EE Caledonia (1995)
        • held; bystander must have sufficient degree of priximity to claim

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