Psychiatric Harm Victim Classification

Summary

Nadia is likely a primary victim due to direct physical and psychiatric harm from negligence. Sarah is a secondary victim, experiencing psychiatric harm after witnessing the incident. Reasonably foreseeable psychiatric harm is a condition courts expect an ordinary person to develop under specific circumstances. Secondary victims are those who witness an injury or its aftermath, have a close relationship with the injured, and suffer foreseeable psychiatric harm.

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[What is a reasonably foreseeable psychiatric harm? Question 11Select one: A. Developing a strong dislike to the sound of one’s wake-up alarm B. Psychiatric illness that the courts determine that anyone should anticipate that an ordinary person would develop under the particular circumstances of the case at hand C. Psychiatric illness that one can anticipate that the claimant in particular would develop D. Any medically recognised mental illness
In the context of reasonably foreseeable psychiatric harm, option B is the most appropriate choice. It refers to a psychiatric illness that the courts determine an ordinary person would anticipate developing under specific circumstances. This aligns with legal standards for foreseeability in negligence cases.
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Who might be secondary victims of psychiatric harm? Question 12Select one: A. Anyone who witnessed an accident, whether by being at the location of the accident when it happened or by watching it on TV or livestream as it happened B. Individuals who suffer a recognised mental illness due to the psychiatric harm that was caused to their loved ones who witnessed an accident, though they themselves have not witness the accident C. Individuals who witnessed someone else being injured or the immediate aftermath of said injury, with whom they have a close tie of love and affection, and who suffer a reasonably foreseeable psychiatric harm that would occur in a person of ‘ordinary fortitude’ under similar sudden and shocking circumstances. D. Claimants who suffered psychiatric and physical injuries, but that their psychiatric injuries are the most severe injuries
In the context of secondary victims of psychiatric harm, option C is the most accurate. It refers to individuals who witnessed someone else being injured or the immediate aftermath of said injury, with whom they have a close tie of love and affection, and who suffer reasonably foreseeable psychiatric harm under similar sudden and shocking circumstances.