Understanding What Is Psychiatric Injury Law Essay

Understanding What Is Psychiatric Injury Law Essay Psychiatric injury has traditionally been known by courts as nervous shock which then has brought much confusion in the area of law by being completely misleading. This term implies that claimants can seek damages because they are shocked as the result of the defendants negligence, upset, or frightened. In order to claim for nervous shock, the claimants have to prove that they have suffered from a genuine illness or injury. In some situations the illness or injury may be a physical, brought as a result of mental shock. For example in Bourhill v Young  [1]  , a woman had a miscarriage as a result of shock caused by witnessing a terrible road accident. If the shock has not caused a physical illness or injury, the claimant must prove that it caused a positive psychiatric illness as described in McLoughlin v OBrian  [2]  . Some examples of these include, clinical depression, personality changes and post traumatic stress disorder, which mostly occurs in reaction to the violent or unexpected death of a close person. However this does not include people who are simply upset by a shock no matter how bad it is, they have to recognize psychiatric illness and medical evidence will be needed to prove that. Therefore claimants who can prove such injury can only claim in negligence if they can be able to establish that they are owed a duty of care by the defendant in regarding the psychiatric illness, and the defendants negligence caused the injury. The case law then has developed a set of rules covering different situations of a claimant depending on their relationship with the event that caused the shock. These categories have varied at different stages of the law, however since the most recent case of Alcock v Chief Constable of South Yorkshire  [3]  as well as White v Chief Constable of South Yorkshire  [4]  there are now three categories: Those who are physically injured in the event caused by the defendant and psychiatrically injured as a result of it (primary victims) Those who are put in danger of physical harm but actually only suffer psychiatric injury (primary victims), and Those who are NOT put in danger of physical injury but only suffer psychiatric injury as a result of witnessing such injury to others (secondary victims) Primary Victims A primary victim is one who suffers psychiatric injury after being directly in an accident and is either himself physically injured or put in a fear of injury. An accident victim who suffers physical injury due to the negligence of another person can recover damage not only for the physical injuries but also for the psychiatric injury. The case of White v Chief Constable of South Yorkshire  [5]  confirms that if a person negligently puts another to a risk of injury, then they will be liable for any damage. This was established by the leading case of Dulieu v White Sons  [6]  where the defendant negligently drove his van into the premises, the victim feared for her safety, although she was not actually struck, she was frightened and suffered miscarriage as a result. The defendant was regarded liable even though there was no physical impact as he could have foreseen that the claimant would have suffered such shock. Therefore we can see that the issue of foreseeability has been taken into account regarding the primary victims, where if psychiatric injury is foreseeable in such a situation then the claimant can claim and be compensated. The leading case of primary victims who are exposed to injury, but not actually physically hurt, is the case of Page v Smith  [7]  where the victim was involved in an accident but was not injured, however he later suffered a serious illness called myalgic encephalomyelitis. Before the accident, this illness was in remission but after the accident the symptoms began to occur and he claimed it was caused by the shock of the accident. It was held in such a case there was duty of care and it was not necessary that the psychiatric injury itself was foreseeable because the defendants behavior would expose the victim to a risk of physical injury. This approach was followed in Simmons v British Steel plc  [8]  where the claimant was physically injured in a workplace accident. He developed a severe skin condition as a result of shock and anger that happened to him. He had to take a lot of time off work, which then led him to develop a depressive illness. It was decided that the defend ants were liable for his skin condition and depression that he suffered. It did not matter that the type of injuries was not foreseeable or that the victim who was more psychologically healthy might not have been affected in this way, as they had exposed him to a foreseeable risk of physical injury. Although the claimant can claim for psychiatric illness caused by fears for their own safety even though no physical injury occurred, there has to be some basis for the fears. In McFarlane v Wilkinson  [9]  , it was held that the fear has to be reasonable given the nature of the risk as well as the claimants situation. However what is unclear is whether the claimant can be considered as a primary victim if they were not actually in physical danger but had reasonable grounds for thinking that they might be. The two leading judgments in the case of White v Chief Constable of South Yorkshire  [10]  differ a bit in this situation: First it was discussed that the claimant must have objectively exposed himself to danger or reasonably believed that he was doing so; on the other hand it was referred to primary victims being in the position of foreseeable physical injury. Obviously in many cases the reasonable belief that the claimant was in danger arises from the fact that they actua lly were. Moreover in CJD Group B Claimants v The Medical Research Council  [11]  it was suggested that there might be a group which could not be considered as primary victims in an actual sense but nevertheless should be treated the same way. Claimants in this case had growth problem as children and were treated with injections of growth hormone which later was discovered to have contaminated with virus which causes a fatal brain condition (Creutzfeldt Jakob disease referred to as CJD) and they were regarded to be at risk of developing CJD. The claimants then had to live with fear of knowing that they might develop the disease and some of them suffered psychiatric injury as a result. The defendants were held liable as they had been negligent in allowing the injections to continue even after the risk of contamination was suspected. The claimants also claimed they were owed a duty of care as primary victims regarding psychiatric injury. However they were not considered to be primary victim s in a real sense because the psychiatric injury was not actually initiated by the physical act of the injections, but by the fact that they might be at risk of developing CJD. Their claim was allowed although basing on the relationship of proximity between the parties that the psychiatric injuries were foreseeable, therefore no reason to exclude them from compensation. Secondary Victims A secondary victim is the one who suffers psychiatric injury as a result of witnessing or being informed about an accident which involves another. It is a bit difficult to begin with when the plaintiff himself is neither physically injured nor threatened with injury but can suffer psychological illness and claim for compensation. Among them there are groups of people who suffered psychiatric injury as a result of witnessing the death or injury of friends, relatives or work colleagues; those whose psychiatric injury has been caused by them bringing about death or injury to others where the ultimate cause was someone elses negligence; and those who have suffered psychiatric injury as a result of acting as rescuers, both those who have voluntarily given assistance to others in danger, and those who have done so as a result of their jobs for example police officers. Up until the case of White v Chief Constable of South Yorkshire  [12]  , each of these groups were treated differently but after the above said case, they are all subject to the same rules developed in McLoughlin v OBrian  [13]  as well as Alcock v Chief Constable of Yorkshire  [14]  which is that secondary victims could only claim for psychiatric injury in very limited circumstances. In McLoughlin v OBrian  [15]  , the claimant was not with her family when they were involved in an accident. One of her daughter was killed and her husband and two other children were injured badly. The claimant then rushed to the hospital when she was told about the accident and when she saw her family she then suffered psychiatric injury as a result, including clinical depression and personality changes. When she made a claim it was allowed although only witnesses who were present at the scene of a shocking incident were allowed to recover the psychiatric injury. The decision is a bit confusing though, however it was still suggested that the sole issue is still reasonable foresight, and she can claim because her psychiatric injury was foreseeable. The other judges though looked at it in another way and what they suggested seemed to be found in favor. The issue was that, psychiatric injury did not have to be reasonably foreseeable as itself it is not enough to create a duty of care towards the secondary victims. Secondary victims will have to satisfy a series of other requirements including their relationship with the primary victims of the shocking incident and their position with regard to the accident. Alcock v Chief Constable of Yorkshire  [16]  involved 10 appellants who suffered psychiatric injury as a result of a disaster in 1989 at Hillsborough Stadium, in which as a result of the admitted negligent defendants, 95 people were crushed to death, and over 400 people were physically injured. None of the appellants had suffered any physical injury, or being in any danger. In fact most of them were not at the ground though they saw part of the events on television. There was a need for the law to place some limitation beyond reasonable foreseeability and medical proof of causation. Due to that, Alcocks case gave specific groups of people who could claim because between them there were those who had a special relationship with the dead or injured, and positions in relation to the incident (includes parents, grandparents, brothers, fiancà ©s and friends) who either were at the stadium and witnessed the tragedy, seen it on television or being told the news by the third party. Havi ng the claimants made claims concerning them suffering psychiatric injury due to that, the courts had to look at it in a different point of view since it was generally the policy of the common law not to compensate third parties. However there were some exceptions which were made. In order to recover psychiatric harm, it is necessary to consider the following; First, the secondary victim must prove that psychiatric injury was a reasonable foreseeable consequence of the defendants negligence, and once that has been proven, three further tests have to be taken into account including, the nature and the cause of the psychiatric injury; the class of person into which the claimant falls in terms of their relationship to the primary victim(s) and the claimants proximity to the shocking incident in terms of time and place. The nature of the psychiatric injury A claimant must prove that their psychiatric damage amounts to a recognized psychiatric illness. Moreover the psychiatric damage must have been caused by the claimant suffering a sudden and unexpected shock caused by a horrifying event. This excludes those who suffer psychiatric illness as a result of suffering form loss of their beloved ones, or the stress of having to look after a disabled relative injured by negligence of another. In Sion v Hampstead Health Authority  [17]  , the claimant developed a stress related psychiatric illness due to watching his sun slowly die in intensive care as a result of negligent medical treatment. As his psychiatric illness was not caused by a sudden shock, then he could not recover damage for it. However in contrast with the case of North Glamorgan NHS Trust v Walters  [18]  where the claimant was a mother of a baby boy who died after receiving negligent treatment for which the defendants were responsible. The mother was asked to consider switching off the life support machine because the boy was regarded to have severe brain damage and was in a coma. She and her husband agreed to it and as a result of the events, she suffered a psychiatric illness. The courts said that the horrifying event could be made up of series of events, that is witnessing his son chocking and coughing blood, hearing news that her son was brain damaged after being told that he was not, and watching him dying. Each had their own immediate impact and could be differed from cases where psychiatric illness was caused by realizing that the child was dying. Therefore as long as a sudden shock is at least partly responsible for the claimants psychiatric illness, one can be able to claim for damage. A Class of person If a secondary victim can prove they suffered psychiatric illness due to a sudden shock caused by the defendants negligence, then they will also have to prove that they fall within a class of people which the law allows them to claim for compensation for such injuries. The key cases have focused on three possible classes of people Rescuers at the scene of accidents; Employees of the party causing the accident; and Unwitting Agents Rescuers These are people who suffer psychiatric injury as a result of helping the primary victims of a shocking incident. In the case of Chadwick v British Railways Board  [19]  the claimant spent 12 hours helping victims of terrible train disaster which occurred near his home and over 90 people were killed. Due to the experience he suffered psychiatric illness and it was successful. Rescuers are not to be considered as a special category of secondary victims, but have to be subject to the normal rules on secondary victims. There is no pre-existing close relationship between them and the primary victims. However this does not much apply to special officers who act as rescuers since it is already their job, but rather voluntary rescuers can claim as secondary victims if at all they have not suffered any physical injuries but psychiatric illness as a result. Employees Employers are regarded to owe a duty of care towards employees to ensure that they are safe at work. Before the case of White, it was established that an employee had a right to recover for psychiatric illness caused by witnessing or fearing injury to fellow workers as a result of an employers negligence. However after the case, it was held that there was no such right. An employers duty to safeguard employees was not different from the duty of care owed by all people to others whom their conduct might affect. The employers duty to employees is an aspect of the law of negligence and its then subject to the normal rules of negligence. There is no special duty of care regarding psychiatric damage caused by employers to employees, just the normal rules. However one can claim if at all the psychiatric illness was a foreseeable consequence of the defendants negligence as given in the case of Dooley v Cammell Laird Co Ltd  [20]   Unwitting Agents Although the case of White makes it clear that employees are not to be regarded as special group of psychiatric illness claimants, what remains unclear is those who witness a shocking accident caused by someone elses negligence, and while they dont suffer any physical injury themselves, they might be considered bystanders because some of their actions caused injury or death to others. For example in Dooley v Cammell Laird  [21]  , the claimant without his fault, a load dropped into the hold of the ship being unloaded. He was able to claim for psychiatric injury caused by fearing for the safety of his colleague working below. However the case of White still doesnt find the right to exist although up until the case of Hunter v British Coal  [22]  , there seemed to be suggestions that unwitting agents may have a claim if they satisfy requirements of proximity of time and place. (How close they are to the shocking event in terms of time and place) Conclusively, due to some areas of law being harsh and difficult under this, the Law Commission published reforms to make changes in relation to the rules for secondary victims being restrictive, requirement for a close tie between primary and secondary victims to be justified and remain, the requirement of proximity should be abolished and the requirement for psychiatric injury caused by sudden shock should be abandoned.

Thanksgiving Dinner :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Thanksgiving Dinner   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Even though it was many years ago, I vividly remember my first Thanksgiving dinner. I was a little kid, no older than the age of seven. I flew in that day from Ann Arbor, Michigan, where we had attended a special ceremony honoring my uncle. As a result of the hectic flight schedule, I did not have the opportunity to eat very much that day, and I was eagerly anticipating the Thanksgiving dinner. We arrived at my grandparent’s house around six thirty in the evening. As soon as I entered the house, the tremendous aroma of all the foods filled the air and my taste buds began salivating in anticipation for the meal. Normally at family meals the food came out in courses, appetizers followed by the entrà ©e. However, this time all the food came out at once. I immediately reached for the turkey and proceeded to take a huge slab of meat for my plate. Coupled with gravy, the turkey seemed irresistible. It was a big piece of dark meat, roasted to perfection. The skin had some sort of spice on it. I don’t recall the name of the spice, but I can tell you that the spice was sharp. Yes sharp, I think that’s the best way to describe it. After my first bite I found myself reaching for the nearest cup of water. However, after I got used to the spice, I began to realize its incredible taste. In less than ten minutes, I proceeded to wolf down this massive chunk of turkey. Feeling the need to fill my now empty plate, I next reached for the Cranberry sauce. I had tasted Cranberry sauce many times before, but I never tasted it with fresh homegrown berries. The taste was absolutely exquisite. It bursted with flavor and possessed a tangy taste I never imagined could come from such a simple cranberry. It was amazing to taste the difference between this and the Cranberry sauce that comes in a can. After consuming several spoonfuls of cranberry sauce my stomach began to feel very full. Being a little kid, I had no choice but to make room for dessert; and what a dessert it was! As soon as the pumpkin pie was removed from the oven, the air was filled with an aroma that can only be described as sensational. I took a look at the delicious homemade pie.

Education Is Not the Key to Success Essay

Unfortunately, as the years went by, the idea of â€Å"Education is the key to success† got more, and more  enforced. People eventually started to believe that education was the single way to succeed, and the  only thing needed for success. Despite the fact, many Americans believe a college degree will lead  them to be successful, in reality, education is not the solitary way to succeed. Not everybody can receive an education, or even an excellent education from a â€Å"decent academic† college/university. There are many students who have no desire to attend college and who  would be much better off if they received training that would qualify them for a better- paid job with  just a high school diploma† (Finneran, 22). Many students today that are receiving a secondary  education are either doing it because they think it is the right thing to do, or because their parents told  them that the only way to succeed in today’s world was through a c ollege degree. Parents put a lot of  pressure on their children when it comes to college, and receiving an education. Some students are so  overly pressured that they believe that in order to be somebody n life, he/she must both attend college,  and receive a college degree; if it is possible go beyond bachelors. What many students and parents fail  to comprehend is that book learning is not the only thing needed to succeed. Success is made up of many skills; sure education is a building block of it, but it is not the key  to it. Success can be different for everybody. There are many careers out there that pay a good amount  of money and do not require a college degree. Some examples of careers that do not require a college  degree are: Police men, Dental Hygienist, Online Advertising Manager, Web Developer, Insurance agent,  Mechanic, hair stylist, construction, electrical technician, etc. If a person wants to be a police all he or she  needs to do is obtain 60 credits in any courses and go on to learn the skills he or she really needs for his or her  career. Education or book learning had nothing to do with the success of those people that chose to take  another path rather than the typical one (education). People can be successful in any field with the right  skills. Book learning has a lot to do with the knowledge a person has, but not with the skills a person  has. There are many A+ graduates out there that cannot get a job, or are stuck working at a place that had  nothing to do with their degree. A numerous amount of students in college care more about grades  than knowledge; some graduate having forgotten everything they ever learned. So there goes a college  graduate with little knowledge and no skills. Can a person like that succeed? No. That’s why education  is not the key to success. People cannot just go to college and expect that passing classes will get them  to succeed. The main thing a person needs in order to succeed is drive, motivation and passion. He/she has  to know what their end goal is and what they need to do to get it. â€Å"Commit to the achievement of the  elusive goal in your life† (Arcement, 101). The person has to go about learning what skills will take her  or him to be successful. One of the main skills a person should have is persistence. A person must  always keep going after his or her goal even if it takes years to reach. â€Å"Persistence takes discipline. Discipline is doing what you need to do, even though you don’t feel like doing it† (Lyman, 4). Two other  skills a person needs, is to be friendly, and kind. Being nice and friendly is significant. Like Lyman said,  being kind is important because it will beothers that will help a person be successful. Other people will  help a person get to where he or she wants to be. They will help the person envision what they want  and obtain a job. They will also help a person gain opportunity. People like to help others, but only if  the person is nice and friendly. Others want to have people with those qualities around them. Besides persistence and being nice and friendly a person also needs to have other life skills in order  to succeed. One of the skills a person needs is public speaking. A person needs to be able to express  themselves clearly in front of a group of people. â€Å"People who are effective speakers come across as  more comfortable with themselves, more confident, and more attractive to be around† (Wax, #1). Another skill is self-management, and the skills needed to obtain self-management are: strong sense of  discipline, sturdy organizational skills, and impressive productivity habits. A person needs to keep him  or herself on track. A third skill that a person needs is to know how to network. Knowing how to  network can build relationships nd those relationships can help a person land a job or career and take  them one step forward at being successful. These skills are really important to have. There are more skills that are really important to have in order to be successful in life, in a job,  or in a career. A person needs to know how to make effective decision making. â€Å"Being able to take  over the scene and respond quickly and effectively is what separates the doers from the  wannabes† (Wax, #6). Another skill that a person will need is time management. A person needs to  show that he or she is hungry for success and that he or she wants to be where he or he is at. What  employer would want to hire a person that will always be late? None. People should not be pressured to do something that they don’t want to do; parents should not  pressure their children into receiving a college education and obtaining a college degree. As it was  shown and proved, having a college education and obtaining a college degree can help you succeed, but  is not the key to success. In order for a person to succeed, he or she needs to have more than just bookà ‚  learning. A person needs to have skills to go with his or her career, job or education.

Is It Not As Deceiving As You May Think - 1779 Words

Looks are Not as Deceiving as You May Think You can guess a person’s social status by simply looking at what they wear, what they live in, and what they drive? I know what you’re thinking, â€Å"don’t judge a book by it’s cover†, but often enough this simple judgement is down right accurate. People often enough wear clothes to show their social class, or at least to make a statement and say they have the money to afford the â€Å"higher-end products†. People that happen to have a large income also tend to live in larger houses which are a symbol of how hard they worked, and acts as a reward for all their effort. This award not only benefits them, but shows others their progressive work payed off. Cars are also a way people can show what social†¦show more content†¦Many people brag about their Nike collection, but tend to be more quiet when they talk about their living circumstances or way of getting around town. I am not saying that spending their money on their shoes is a negative thing, it just shows that people try to mask their social class by wearing something that a person in their class would not typically have. Social stratification also exists in sports. In women’s softball it is seen through the types of bats players have. DeMarini’s bats are usually in the $300-$400 range, while Nike bats range from $50-$100 on average. Usually girls who happen to come from rich families carry around two DeMarini’s or maybe one DeMarini and one Xeno which is about the same price range as a DeMarini. Girls from poorer families usually have cheap Nike or Walmart brand bats. Many also borrow from their high school team’s bats. It is easy to notice the girls who borrow these bats, because they typically have a â€Å"beat up† and overused look, and the grip is worn. Other sports like men’s basketball have the same issues. Men that come on the court wearing Air Jordans are deemed à ¢â‚¬Å"richer† than those who wear â€Å"Sketchers†. Players who wear shoes like New Balance or Sketchers are seen as poorer and more underclass, or working poor. Middle class individuals usually purchase Nike and Adidas basketball shoes. Those who are upper-middle classShow MoreRelatedAnalysis Of Descartes s Meditation I 989 Words   |  4 Pageshe occasionally realizes that he has been deceived by his senses. Some things seem small at a distance, but then when looking at the same object, at a closer distance, it is not what you thought it was, your vision had deceived you; so he says it is better that you don’t trust those who may have even deceived you once, the senses. We should not depend on just the senses to make judgments, we should be aware of the fact that our senses can mislead us. 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