Law AS Level - Psychiatric Harm AO3

List 3 positives of the law surrounding psychiatric harm.

1) law distinguishes between primary & secondary victims

• Ensures only those ho suffered genuine loss can recover

• Provides legal clarity and predictability

2) clear criteria for secondary victims (list)

• Helps prevent fraudulent claims and limits liability

3) decision making is fair

• White v Chief Constable of South Yorkshire

4) flexibility / compassion emerging

• NHS trust v walter

• Re v NHS foundation trust

List 3 negatives of the law surrounding psychiatric harm.

1) law doesn’t reflect modern understandings of mental health

• Requirement for sudden shock doesn’t recognise trauma can be gradual

2) ‘close tie of love and affection’ is narrow and outdated

• Doesn't account for unmarried partners or close friends

3) Witness event with own unaided senses = problematic in a digital age

• People can witness traumatic events via live footage / social media

• Taylor v A Novo

• NHS foundation trust v Ronyane

Give 2 reforms linked to psychiatric harm.

• 1998: Law Commission proposed reforms to make law more inclusive

  • Removed requirement for sudden shock

  • Allowing claims based on indirect witness of traumatic events

  • Broader recognition of relationships

Have the reforms been implemented?

No