First Thursday Club: Secondary Psychiatric Injury Claims

In claims for compensation for a psychiatric injury, the Courts distinguish between two types of victims: primary and secondary.

In Australia, a secondary victim in medical negligence claims is someone (almost always a family member) who has directly witnessed, or more commonly has witnessed the aftermath of, medical treatment that has caused a patient to suffer an adverse outcome. Secondary psychiatric injury damages claims are increasing in both number and size. Health care providers and their insurers need to take a very strategic approach to contain and defend existing claims, and to reduce the incentive for people to make unmeritorious secondary psychiatric injury claims.

Join us for our next edition of The First Thursday Club, where BN's Rob Samut will look at:

• Some recent common law developments in this area of the law in the UK and what impact they may have in Australia
• What claimants need to prove to establish a secondary psychiatric injury claim
• The ways in which you can best respond to and defend secondary psychiatric injury claims