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.