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Negligence - Psychiatric injury, Criticism - Coggle Diagram
Negligence - Psychiatric injury
Preliminary conditions
Proof of genuine illness, not merely shock
Bourhill v Young
Miscarriage
Page v Smith
Chronic fatigue
They must've been owed a duty of care
Secondary victims
Not in physical danger but suffered psychiatric injury
Alcock v CC of Yorkshire
The test to establish that a duty of care was owed to secondary victims
Nature and cause
Sudden and unexpected
(Sion v Hampstead Health Authority)
More than normal sights and sounds involved in illness or hospital treatment, and can be made up of a series of events
North Glanmorgan NHS Trust v Walters
Class of persons
Lord Wilberforce in Mc Loughlin v O'Brien: Close in ties "not merely in relationship but also in care"
Traditionally rescuers could claim, but not anymore if they don't have pre existing relationship with victims
Employees are excluded; need to be primary victims (Cullin v London Fire and Civil Defence Authority)
Unwitting agents may claim if they were proximate in time and space (Hunter v British Coal)
Unrelated bystanders cannot claim (Bourhill v Young)
Proximity
Must have been at the scene of the accident and witnessed the immediate aftermath (Mc Loughlin v O'Brien)
Hearing is not sufficiently proximate (Tan v East London and City Health Authority)
Primary victims
Physical injury suffered
Simmonds v British Steel
Page v Smith
Were at risk of physical injury and also suffered psychiatric injury as a result
Dulieu v White
But this must have been resonable (Mc Farlene v Wilkinson)
White v CC of South Yorkshire
Criticism
Rescuers
Proximity requirements
Closeness of relationship rules
Sudden shock requirements