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Psychiatric injury
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Cards (29)
What is psychiatric injury?
A
severe
,
long-term
mental injury
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Who can be classified as a primary victim?
A
direct victim
of an accident
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Who qualifies as a secondary victim?
Someone who witnesses the
accident
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What must primary victims prove to claim psychiatric injury?
Negligence
on the part of
D
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What additional proof is required for secondary victims?
More must be proven than for
primary victims
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What are the four requirements for secondary victims to be successful in their claims?
Accident, mental injury,
Alcock criteria
,
reasonable fortitude
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What must be proven regarding the mental injury?
It must be
diagnosed
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What constitutes a serious mental injury?
Long-term effects like
PTSD
or
depression
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What can claims for psychiatric injury include?
Past and future loss of
earnings
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Why is proving long-term serious mental illness challenging?
Requires
difficult
and expensive evidence
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How do claims differ between primary and secondary victims?
Primary victims
are
directly involved; secondary
are
not
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What is the purpose of additional hurdles for secondary victims?
To prevent the opening of
floodgates
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What case established foreseeability in personal injury claims?
Page v Smith
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What must secondary victims satisfy according to the Alcock criteria?
Close ties of love and affection
with the victim
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What is required regarding the timing of mental injuries for secondary victims?
Must occur at the
scene
or immediately after
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How long is the defined period for immediate aftermath in the Alcock criteria?
Over two
hours
, but not
eight
hours
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How must shock be experienced according to the Alcock criteria?
Through
unaided
senses, not media
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Who else can be considered claimants besides primary and secondary victims?
Rescuers
, bystanders, property owners, near-missers
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What is the court's stance on rescuers making claims?
Most claims
for
rescuers
will
be
allowed
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What happens if a rescuer does not put themselves at risk?
They are considered
secondary victims
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How are bystanders defined in the context of claims?
Witnesses who do not help during the
accident
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What must bystanders satisfy to make a claim?
They must satisfy the
Alcock
criteria
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What case involved property owners suffering shock?
Attia v British Gas
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Who are near-missers in the context of claims?
People close to the
accident
scene
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What is the court's view on gradual shock claims?
There
can't
be
a
claim
for
gradual
shock
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What can allow a claim for short periods of decline in a patient's condition?
A short period of
declines
in condition
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What was clarified in the update regarding sudden shock?
No longer a need for sudden shock
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What does the update confirm about the duty of care owed?
It is limited to the
patient
only
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What does the update confirm regarding the Alcock criteria?
It confirms where
duty
is established
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