LIABILITY FOR ECONOMIC
LOSS AND PSYCHIATRIC INJURY
QUESTIONS AND THEIR REVIEWED
SOLTIONS
What is Psychiatric Injury
Severe, long-term mental injury
What have judges done
developed policy reasons to restrict the number of claims,
especially by secondary victims
What is the first step
1. D was negligent and caused injury
What is the second step
2. C has suffered a recognised psychiatric illness
What is the case and rule for the second step
Reilly v Merseyside RHA - must be a recognised
psychiatric illness, supported by medical evidence
What must it be?
More than mere shock or grief and must be long term
What is the third step
3. Psychiatric Injury is caused by a sudden event
What is the case and rule for step three
Sion v Hampstead Health Authority - Must be a sudden
horrifying event
What is an exception case
•North Glamorgan NHS Trust v Walters – died over 36
hours due to hospital’s negligence – able to claim
LOSS AND PSYCHIATRIC INJURY
QUESTIONS AND THEIR REVIEWED
SOLTIONS
What is Psychiatric Injury
Severe, long-term mental injury
What have judges done
developed policy reasons to restrict the number of claims,
especially by secondary victims
What is the first step
1. D was negligent and caused injury
What is the second step
2. C has suffered a recognised psychiatric illness
What is the case and rule for the second step
Reilly v Merseyside RHA - must be a recognised
psychiatric illness, supported by medical evidence
What must it be?
More than mere shock or grief and must be long term
What is the third step
3. Psychiatric Injury is caused by a sudden event
What is the case and rule for step three
Sion v Hampstead Health Authority - Must be a sudden
horrifying event
What is an exception case
•North Glamorgan NHS Trust v Walters – died over 36
hours due to hospital’s negligence – able to claim
