Negligence-Psychiatric Injury

Historically the courts have been far more reluctant to ceremonial claims for psychiatrical soil than physical injury. It is argued this potful be attributed to the oermatch of medical knowledge, with it only recently becoming easy to take conditions such as post-traumatic stress disorder, along with a furrow organization of fake claims due to it being easier to fake psychiatric disorder than physical injury, plus perhaps a indisposition to absolved the floodgates to a mountain of claims for which ultimately society as a whole have to foot the bill. An early drive was that of Dulieu v White (1) in which a pregnant barmaid suffered a abortion as a result of the cut of a supply and carriage crashing into the pub in which she was working at the time. level(p) though she suffered no physical injury in the misfortune the court had no difficulty awarding her damages for the miscarriage. The subterraneous case of Hambrook v Stokes (2) established the principle that a claimant nooky recover for psychiatric harm caused by a annoy for someone elses safety, in this case a make see an disclose of control lorry careering towards the school outside(a) which she had just left her children standing.

In the later case of Bourhill v Young(3) the court found that the shock suffered by the pregnant claimant, who came upon the tranquil blood splattered scene of a road swop accident, which led to a stillbirth, was too distant from what happened and she was deemed an unforeseeable claimant. In King v Phillips(4) Lord Denning established the rule that on that point must be a rea sonable foreseeability of injury by shock an! d the claim of the claimant, who suffered a psychiatric reception to seeing her toddlers bike run over by a taxi 70 yards away from the windowpane out of which the claimant saw the incident was defeated. This case was distinguished from Hambrook on the facts. It was held that a rescuer is entitled to compensation for psychiatric shock in the subsequent case of Chadwick v British Railways Board(5), the...If you pauperization to set forth a full essay, order it on our website: BestEssayCheap.com

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