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psychiatric injury
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Cards (8)
what is another way to define psychiatric injury?
nervous shock
3 success criteria:
recognised
psychiatric injury
causation
is present
c is
primary/secondary victim
what was the outcome of
calascione v dixon
(
1994
)
d was not responsible for
ptsd
as it resulted from stress
unrelated
to the accident itself
define
primary victim
those within the
zone of danger
, and could have suffered
physical
harm but only suffered
mental
injury
which case states
primary victims
are not limited to claimants who are involved in accident?
donachie v chief constable of greater manchester
(
2004
)
define
secondary victim
:
those who are not in personal physical danger but witnessed
accident
or it’s immediate aftermat, and suffered
psychiatric
damage
as result
secondary victim criteria
:
-reasonably foreseeable that person of
normal fortitude
would have suffered pysc injury as result of
c negligence
close ties of love and affection
proximity in time and space
c must perceive accident or aftermath with
own senses
what is the outcome for
rescuers
?
those at the scene within the zone of danger are
primary victims
, those not exposed will be treated as
secondary victims
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