The case of RE and Others -v- Calderdale and Huddersfield NHS FT [2017] provided some further clarification. Nevertheless, the law remains a challenge for vulnerable victims who have witnessed a terrible event and yet cannot overcome the heavy burden of the courts. While some victims may be individuals, the vast majority have other significant people – spouses, friends, family members. If three other significant individuals per victim are taken into account (probably an underestimate given the average family size), then there are at least 400,000 “non-victims” affected by crime in some way each year – 400,000 secondary victims. The House of Lords decision in McLoughlin v. O`Brien [1983] AC 410, in which a claim for compensation from a secondary victim brought by a mother visiting her husband and children injured in a car accident was successful, is best understood as a case in which the claimant, although later arriving, stumbled upon the accident, although transferred to the vicinity of the hospital. Do you have any case law on secondary victim claims where the psychological harm was suffered by the loss of children? Secondary victims A secondary victim is a victim who sustains a psychiatric injury, not because they are directly involved in the incident, but by witnessing and: • sustains an injury from a primary victim, or • fears injury to a primary victim For more information, see Practice Note: Psychiatric Injuries – Secondary Victims. McLoughlin v. O`Brian In this case, the plaintiff`s husband and three children were involved in a traffic accident caused by the defendant`s negligence. One of the complainant`s children was killed, the husband and the other two children seriously injured. At the time of the accident, the Claimant was at home two miles away. The plaintiff sought damages from the defendants for the nervous shock, strain and injury to her health caused by the defendant`s negligence.

The House of Lords held that the test of liability for damage caused by nervous shock was reasonably foreseeable that the plaintiff would be injured by nervous shock resulting from the negligence of the defendant. If this test were applied, the plaintiff was entitled to compensation from the defendants because, although she was not at or near the scene of the accident at or shortly thereafter, the nervous shock she suffered was a reasonably foreseeable consequence. Secondary victims should not succeed in cases where the terrible event is separated in time from previous negligence. Until the Supreme Court reconsiders this issue, it is worth recalling Lord Steyn`s earlier remarks that the law in this area is a “patchwork of distinctions that are difficult to justify”, but that the only reasonable strategy is to say “so far and no further” and leave any enlargement to Parliament.[7] Parents, parents, children and friends of victims of sexual abuse, incest or rape have many of the same feelings as the main victim. In situations of domestic violence, children are also victims. To find out what symptoms these little victims may have, contact your local victim service provider at 301-390-4092. The courts have established strict control mechanisms to limit the number of potentially diverse claims arising from a single tragic event. For more information, contact your local victim service provider at 301-390-4092 or fill out the form below. A person who is present at the scene of the crime and who is injured as a direct result of the witness to the crime. A person who is injured as a direct result of or becomes aware of a violent crime, or if they are the parent or guardian of the primary victim who is under 18 years of age at the time of the crime. When one person is a victim of a crime, other people are also affected. Kate Smith, a lawyer in Ashtons Legal`s medical negligence team, comments: “When a client has lost a loved one or witnessed a shocking medical event, it is understandable to question whether they have the right to file a secondary victim claim.

While it may seem obvious, once a psychiatric injury has been diagnosed, that a claim can be made, this is an extremely difficult area to prove legally and is an ever-evolving area of jurisprudence. The proximity between the alleged act of negligence and the shocking event itself is often at the heart of disputes between the parties and requires a genuine investigation and assessment of the facts of each individual case. It is therefore important that a person who believes they have a potential claim because they witnessed an event as a result of an allegation of medical negligence consult a lawyer as soon as possible. “If a friend or loved one has been attacked, robbed or abused by you, or has been a victim of crime, you — be a secondary victim. Secondary victims often feel anger, guilt and despair, but feel that since they were not the primary victim, they should simply “get over it.” In order for you to be strong and help your loved one survive and thrive, consider getting help for yourself. This information is designed to help parents, children, family members and friends cope with anger, guilt and pain that they perceive as secondary victims. In the hospital, you should expect to see things you may not like, such as patients hooked up to machines and drops. A visitor is conditioned to some extent on what to expect, and it is likely that medical staff will provide timely warning of an upcoming encounter that will prove more troubling than usual. Psychiatric injuries – secondary victims What is a secondary victim? A primary victim is an applicant who was directly involved in the incident that caused their psychiatric injury. See practice note: Psychiatric Injuries – Major Victims.

A secondary victim is a person who suffers psychiatric harm, not because they are directly involved in the incident, but by witnessing the incident and either: • fears of hurting a primary victim, or • fears hurting a primary victim For an overview of the case law since Alcock v. Chief Constable of Yorkshire Police, see practice note: Psychiatric injuries – secondary victims – case trackers.