Psychiatric injury

    Cards (29)

    • What is psychiatric injury?
      A severe, long-term mental injury
    • Who can be classified as a primary victim?
      A direct victim of an accident
    • Who qualifies as a secondary victim?
      Someone who witnesses the accident
    • What must primary victims prove to claim psychiatric injury?
      Negligence on the part of D
    • What additional proof is required for secondary victims?
      More must be proven than for primary victims
    • What are the four requirements for secondary victims to be successful in their claims?
      Accident, mental injury, Alcock criteria, reasonable fortitude
    • What must be proven regarding the mental injury?
      It must be diagnosed
    • What constitutes a serious mental injury?
      Long-term effects like PTSD or depression
    • What can claims for psychiatric injury include?
      Past and future loss of earnings
    • Why is proving long-term serious mental illness challenging?
      Requires difficult and expensive evidence
    • How do claims differ between primary and secondary victims?
      Primary victims are directly involved; secondary are not
    • What is the purpose of additional hurdles for secondary victims?
      To prevent the opening of floodgates
    • What case established foreseeability in personal injury claims?
      Page v Smith
    • What must secondary victims satisfy according to the Alcock criteria?
      Close ties of love and affection with the victim
    • What is required regarding the timing of mental injuries for secondary victims?
      Must occur at the scene or immediately after
    • How long is the defined period for immediate aftermath in the Alcock criteria?
      Over two hours, but not eight hours
    • How must shock be experienced according to the Alcock criteria?
      Through unaided senses, not media
    • Who else can be considered claimants besides primary and secondary victims?
      Rescuers, bystanders, property owners, near-missers
    • What is the court's stance on rescuers making claims?
      Most claims for rescuers will be allowed
    • What happens if a rescuer does not put themselves at risk?
      They are considered secondary victims
    • How are bystanders defined in the context of claims?
      Witnesses who do not help during the accident
    • What must bystanders satisfy to make a claim?
      They must satisfy the Alcock criteria
    • What case involved property owners suffering shock?
      Attia v British Gas
    • Who are near-missers in the context of claims?
      People close to the accident scene
    • What is the court's view on gradual shock claims?
      There can't be a claim for gradual shock
    • What can allow a claim for short periods of decline in a patient's condition?
      A short period of declines in condition
    • What was clarified in the update regarding sudden shock?
      No longer a need for sudden shock
    • What does the update confirm about the duty of care owed?
      It is limited to the patient only
    • What does the update confirm regarding the Alcock criteria?
      It confirms where duty is established