Psychiatric Injury I
Bland v NHS (1993)
The core rules on recovery for psychiatric injury
Alcock v Chief Constable of S Yorks(1991)
Hicks v Chief Constable of S Yorks(1992)
Page v Smith(1995) arises on diff facts
White v Chief Constable of S Yorks(1998
Hillsborough- Forms the backdrop for cases of these type.. a consequence of this
disaster is litigation
e.g. bland vs nhs concerned 1 of the football fans injured who was still in a coma.
The case addressed whether the drs. were allowed to turn off life support of someone
in a coma who has no chance of recovering. The court ruled they could. Dr can
actively kill the patient. Subsequently there have been legislation.
Alcock v Chief Constable (1991)
Consolidated action, 16 claimants. They suffered psychiatric injury after someone they knew
died at the disaster. None of them were present at the incident. Few were attending at another
part of the stadium, some on tv some on radio. Most of them knew that while watching
someone they knew was in the stadium. Later on the found out about the death. Either by
telephone (hotline no.), by going to the hospital and identifying the body.. some were parents,
grandparents, sisters , brother, fiancé of the persons who died. Blamed the police for the
crash. The HOL had to reconsider the law according to psychiatric injury which it had done
twice before.
Pure psychiatric injury doesn’t result from physical contact. Through the medium of mind.
Duty of Care Duty of Care
Breach of Duty Breach of Duty
Causation aka factual causation
Remoteness aka proximate causation
Damage
Bland v NHS (1993)
The core rules on recovery for psychiatric injury
Alcock v Chief Constable of S Yorks(1991)
Hicks v Chief Constable of S Yorks(1992)
Page v Smith(1995) arises on diff facts
White v Chief Constable of S Yorks(1998
Hillsborough- Forms the backdrop for cases of these type.. a consequence of this
disaster is litigation
e.g. bland vs nhs concerned 1 of the football fans injured who was still in a coma.
The case addressed whether the drs. were allowed to turn off life support of someone
in a coma who has no chance of recovering. The court ruled they could. Dr can
actively kill the patient. Subsequently there have been legislation.
Alcock v Chief Constable (1991)
Consolidated action, 16 claimants. They suffered psychiatric injury after someone they knew
died at the disaster. None of them were present at the incident. Few were attending at another
part of the stadium, some on tv some on radio. Most of them knew that while watching
someone they knew was in the stadium. Later on the found out about the death. Either by
telephone (hotline no.), by going to the hospital and identifying the body.. some were parents,
grandparents, sisters , brother, fiancé of the persons who died. Blamed the police for the
crash. The HOL had to reconsider the law according to psychiatric injury which it had done
twice before.
Pure psychiatric injury doesn’t result from physical contact. Through the medium of mind.
Duty of Care Duty of Care
Breach of Duty Breach of Duty
Causation aka factual causation
Remoteness aka proximate causation
Damage
