Chapter 5 Key facts checklists

Psychiatric injury

●    Psychiatric injury which is not derived from physical injury is a type of damage which is not always recoverable in negligence.

●    It was referred to in older cases as ‘nervous shock’.

●    It is an aspect of duty of care.

●    The range of allowable actions has evolved through developments of control mechanisms in the common law.

●    The four key cases are McLoughlin, Alcock, Page, and White.

●    This has been the subject of consideration by both the English and Scottish Law Commissions.

●    Psychiatric injury must be studied in conjunction with Chapters 2 and 3.