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law paper 2
psychiatric injury
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Created by
Matty Calland
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Cards (9)
Reilly v merseyside health authority
C must show that they are suffering from
recognised
psychiatric injury
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Sion v hampsted health authority
C must show that the illness was caused by a
traumatic
event
or an
assault
on
the
senses.
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what must be identified to show D had a DOC to C
the C is a
primary
or
secondary
victim of D's act
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Page v Smith
Primary victims
A person who reasonably fears for their own physical safety or is within the zone of danger.
Do not have to show psychiatric injury was foreseeable but physical injury was
Thin skull rule applies
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Alcock HL
Secondary victims
A person who witnesses and accident or it’s
immediate
aftermath
A person of normal
fortitude
would have suffered the same injury
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Alock control mechanism
1. must have close ties of
love
and
affection
with primary victim.
2. must witness the accident or its
immediate
aftermath with your own
unaided senses
(
Mcloughlin v o'brien
)
3. the injury must be
induced by shock
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chadwick v british transport
danger and injury is
foreseeable
to those who go and rescue so they can claim
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White
if
rescuers
are not at physical risk then they are
secondary
victims
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Mcfarlane
bystanders
that are witnesses to an accident or its aftermath cannot claim unless they pass the
Alock
criteria
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