psychiatric harm

• What is 'pure' psychiatric injury?

  Psychiatric harm not linked to physical injury
• What distinguishes primary victims from secondary victims?

  Primary victims are directly involved in trauma
• What is an example of a primary victim?

  PTSD from being directly involved in an accident
• What is an example of a secondary victim?

  Clinical depression after witnessing a loved one injured
• What was the term used for pure psychiatric injury for many years?

  Nervous shock
• What happens if there is no psychiatric component in a claim?

  Claims proceed under normal rules for physical harm
• What is required for a claim of 'pure' psychiatric injury?

  Medically recognized psychiatric injury
• What are examples of recognized psychiatric injuries?

  PTSD, clinical depression, pathological grief
• What case illustrates that fear without lasting psychiatric illness has no claim?

  Hicks v Chief Constable of South Yorkshire
• What is the role of diagnostic tools like DSM-V or ICD-10?

  They guide the courts in recognizing psychiatric injuries
• What does foreseeability require in a claim for psychiatric injury?

  The harm must be reasonably foreseeable to a reasonable person
• What case established that psychiatric injury must be foreseeable in circumstances?

  Brice v Brown
• What types of proximity are considered for secondary victims?

  Relational, physical, and temporal proximity
• What does relational proximity refer to?

  Close relationship with the primary victim
• What is an example of physical proximity?

  Being close to the accident or its aftermath
• What does temporal proximity require?

  The psychiatric harm must arise soon after the event
• What case extended claims to immediate aftermaths?

  McLoughlin v O’Brien
• What is the distinction between primary and secondary victims regarding foreseeability?

  Primary victims need not prove recognized psychiatric injury was foreseeable
• What is an example of a primary victim's experience?

  A driver narrowly avoids a collision but suffers PTSD
• What additional criteria must secondary victims satisfy?

  Proximity requirements beyond foreseeability
• What case denied claims for those who watched the Hillsborough disaster on TV?

  Alcock v Chief Constable of South Yorkshire Police
• Why do courts limit claims for pure psychiatric injury?

  Due to diagnostic uncertainty and floodgates concerns
• What is the concern regarding diagnostic uncertainty?

  Difficulty distinguishing clinical harm from emotional distress
• What is the floodgates concern in legal claims?

  Unlimited claims from indirect victims
• How might litigation hinder recovery?

  It may distract from the healing process
• What does disproportionate liability refer to?

  Minor negligence leading to large claims
• Why are close ties of love and affection important?

  They determine foreseeability of psychiatric injury
• What relationships are presumed to carry close ties of love and affection?

  Spouses, parents and children, engaged couples
• What case presumed close ties between spouses?

  McLoughlin v O’Brian
• What must non-presumed relationships provide evidence of?

  Evidence to prove the closeness of the relationship
• What was the outcome of Shorter v Surrey and Sussex Healthcare NHS Trust?

  Siblings with a close relationship succeeded in their claim
• What was the outcome of McCarthy v Chief Constable of South Yorkshire Police?

  Half-brothers proved a particularly close bond
• What was the outcome of Murray v Mabrouk?

  A work colleague and close friend succeeded in their claim
• What was the outcome of Burdett v Dahill?

  A close friend described as "the son I never had" succeeded
• What was the outcome of McDaid v Snodgrass?

  A son of a best friend failed to meet the threshold
• What was the outcome of Robertson and Rough v Forth Road Bridge?

  Work colleagues and friends lacked sufficient closeness
• How do courts evaluate the quality of relationships?

  By examining the closeness and care in the relationship
• What did Lord Wilberforce note about relationship closeness?

  The greater the closeness, the stronger the claim
• What did Alcock hint at regarding bystanders?

  Exceptions may exist in extreme situations
• What was tested and rejected in McFarlane v EE Caledonia?

  The possibility of bystanders claiming psychiatric injury