Examination Timing: 00H00M26S
Jessica is a psychiatrist who treats patients with severe anxiety. During a session, a patient named Mark, who has a history of violent behaviour, attacks her. Jessica sues Mark for psychiatric harm.
What must Jessica prove to succeed in her claim?
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To succeed in her claim for psychiatric harm, Jessica must prove that Mark owed her a duty of care and that he breached this duty, resulting in her psychiatric injury. In cases involving psychiatric harm, the claimant must demonstrate that the harm was foreseeable and directly caused by the defendant's actions.
Key Point: Establishing duty of care and breach of duty is fundamental in negligence claims, including those involving psychiatric harm. The claimant must also show that the harm was foreseeable and directly caused by the defendant's conduct.
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