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Ep. 56: Psychiatric harm and childbirth

Law Pod UK

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Psychiatric Injury - Is the Claimant a Primary Victim?

The mother was a primary victim in this case, who am fail to be determined according to the ordinary rules governing personal injury claims and negligence. Missus justice whipple made clear that as a primary victim, she would not need to establish that her psychiatric injury was caused by shock. The term nervous shock which has traditionally been used to describe these claims is an amodid one, and the court seemed keen to move away from that term. She referred to the words of lord lloyd in page, where he explained that it would not be sensible to commit the law to a distinction between physical and psychiatric injury.

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