Psychiatric Injury
- Created by: alexstrapps
- Created on: 08-05-19 09:20
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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
- primary victims
- 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
- define
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