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Mapa mental

DOC - psychiatric harm

Yee Woei Lee Tort Law Inglês

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DOC - psychiatric harm

  1. WITH PHYSICAL INJURY

    • general rule: when you suffer a physical injury, you can recover compensation even for emotional or mental consequences regardless whether that constitues a specific diagnosed medical injury
      • pre-injury terror - fear of what is going to happen next
        • Hicks v Chief Constable of South Yokshire [1992]
          • FACT: football stadium - ccrushed HELD: 30 mins insuffucient to sustain claim - no DOC
            • Ratio: if you died very quickly, the fear of that death is not something that can substantiate a claim
        • Roberts v Lestrange [1985]
          • FACT: motorbike accident - passed away 4 days later HELD: 4 days is sufficient for a caliam to get off the ground - got DOC
  2. WITHOUT PHYSICAL INJURY (pure psychiatric harm)

    • McLoughlin v O'Brian: must be a positive psychiatric illness - medically recognised psychiatric injury
      • Primary victim
        • Victorian Railway Commissioners v Cultas [1888]
          • FACT: allowed to cross - almost hit by train HELD: cannot claim
          • Dulieu v White [1901]
            • FACT: horse - pregnant barmaid - miscarriage HELD: can claim
        • foreseeability
          • Page v Smith [1996]
            • as long as some personal injury is foreseeable is sufficient, no matter it is physical or psychiatric injury
            • Grieves v F T Everard & sons and others [2007]
              • FACT: asbestos - pleural plaques HELD: no DOC - cannot claim
                • RATIO: event must have happened, CANNOT be might happen in the future
        • Thin Skull Rule
          • Brice v Brown [1984]
            • FACT: road accident - mom & daughter - severe psychiatric harm HELD: can claim
              • RATIO: even though the psychiatric injury suffered from C was unforeseeable, as long as some psychiatric injury was foreseeable it is sufficient
        • Zone of Danger
          • in the zone of danger but it was not the reason they suffered psychiatric injury
            • Young v Charles Church (Southern) Ltd [1997]
              • FACT: fellow worker electrocuted - saw the explosion but primarily worried about the worker HELD: can claim
                • RATIO: physically in the zone of physical danger is sufficient
          • not in the zone of danger but thought they are
            • McFarlane v EE Caledonia [1994] & Hegarty v EE Caledonia [1997]
              • RATIO: if the claimant's fear is genuine from the beginning & a person of ordinary fortitude in C's position might go on to suffer psychiatric harm, DOC can arise
      • secondary victim
      • Secondary victim
        • suffered as a result of shock of witnessing a distressing event
          • Sion v Hampstead Health Authority [1994]
            • FACT: accident - father sit by bedside - deteriorated - coma - died HELD: no DOC
              • RATIO: psychiatric injury induced by gradual onset of injury cannot claim
          • Tredget v Bexley HA [1994]
            • FACT: childbirth - broke shoulder - deprived of oxygen- brain damage - died HELD: can claim
              • RATIO: in some occassions, period of time can be extended to be event
            • Walters v North Glamorgan NHS Trust [2003]
              • FACT: epileptic seizure - hospital negligent in saying that he hasn't suffered brain damage - emergency - no chance of recovery - switched off machine 36 hours later HELD: can claim
        • reasonably foreseeable - psychiatric injury must be reasonably foreseeable to a person of ordinary fortitude
          • Bourhill v Young [1943]
            • FACT: pregnant - heard impact of the crash - saw blood - nervous shock HELD: cannot claim - not reasonably foreseeable by a person with ordinary fortitude
        • thin skull rule
          • must come into play after satisfy reasonable foreseeable test
        • proximity
          • relationship
            • claimant must have a close tie of love and affecion with the injured person
              • Alcock: rebuttable presumption that close tie of love exist between spouses, parent and child
                • other cases, have to adduce evidence
                  • Robertson and Rough v Forth Bridge Joint Board [ 1995]
                    • FACT: work tgt for many years - fell down from bridge HELD: no DOC
                  • Attia v British Gas [1988]
                    • FACT: left her house to the gas worker - inflamed when she came back HELD: can claim
                      • However, this case was decided before the restriction, hence the court might question do you like yourproperty as much as you love your wife
          • time and space
            • must come upon immediate aftermath
              • McLoughlin v O'Brian
                • FACT: rushed to hospital an hour later - husband and children covered in blood and oil - one child died HELD: can claim - it is as if she has came upon the accident scene
              • Alcock
                • FACT: large number crashed into death - went to the mortuary 9 hours later to find the bodies HELD: cannot claim - all you do is only identifying the body

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Tort Law Mapa Mental sobre DOC - psychiatric harm, criado por Yee Woei Lee em 20-11-2016.
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Yee Woei Lee
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