Psychiatric Injury
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Damages For Psychiatric Injuries
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Author : Des Butler
language : en
Publisher: Federation Press
Release Date : 2004
Damages For Psychiatric Injuries written by Des Butler and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Health & Fitness categories.
Damages for Psychiatric Injuries offers a critique of liability for psychiatric injury in Australia and England. Author Des Butler examines current day understandings of psychiatric medicine, evaluates the legitimacy of past and current approaches to limiting liability, and examines the policy considerations which promote such limits. Butler also analyses the recommendations of the 2002 Ipp Panel's Review of Negligence in Australia and resulting legislation. Succinct and readable, the book sets out a preferred approach to dealing with claims for psychiatric injuries, which recognises the scientific advances of recent times and reflects good legal reasoning.
Tort Liability For Psychiatric Damage
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Author : Nicholas J. Mullany
language : en
Publisher: Lawbook Company
Release Date : 1993
Tort Liability For Psychiatric Damage written by Nicholas J. Mullany and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Monograph surveying the field of claims for liability in cases of 'nervous shock', a term rejected by the authors, who are Western Australian lawyers. Covers several jurisdictions including Australia, Canada and the United Kingdom. Included are a table of cases, a table of statutes and an index.
Napier And Wheat S Recovering Damages For Psychiatric Injury
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Author : Kay Wheat
language : en
Publisher: Blackstone Press
Release Date : 2002
Napier And Wheat S Recovering Damages For Psychiatric Injury written by Kay Wheat and has been published by Blackstone Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
The past decade has seen major developments in the law regarding personal injury claims which relate to psychiatric injury. The law is complex and in many respects illogical, and claims for damages for psychiatric conditions can be difficult to pursue. Now in its second edition, and substantially rewritten, Napier and Wheat's Recovering Damages for Psychiatric Injury reviews the legal context in which such claims must be framed. The book concentrates on claims made in negligence and employers' liability, but also examines claims made in contract and in intentional torts. Claims are divided up into the so-called 'shock' cases and non-shock cases, and the author has also included a new chapter on employers' liability with particular focus on 'stress' claims. Two chapters are devoted to the medical aspects of psychiatric injury claims, including Post-Traumatic Stress Disorder. The book contains analyses of the main cases which have shaped the present state of the law and examines some options for reform. The author gives practical advice on how to identify a potential psychiatric injury case, quantum of damages, and procedural steps. This second edition also includes an outline of the Criminal Injuries Compensation Scheme. Aimed primarily at legal practitioners, the book will also be of interest to students and members of the medical profession.
Causing Psychiatric And Emotional Harm
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Author : Harvey Teff
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-18
Causing Psychiatric And Emotional Harm written by Harvey Teff and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
Though mental harm can be profoundly disabling, the law imposes strict limits on who can recover damages for it. In the absence of physical injury, compensation is not normally available for negligently caused mental suffering, however severe, unless it constitutes a 'recognisable psychiatric illness'. Claimants whose mental trauma stems from injury caused to someone else are subject to arbitrary restrictive liability rules that dispense with established legal principles and cannot be reconciled with scientific advances. The book traces the history of civil liability for mental harm up to the present day. It is argued that the reluctance to provide redress reflects an enduring suspicion of intangible injury and undue fear of proliferating claims. The scale and legal ramifications of the Hillsborough disaster; the emergence of claims arising from work-related stress, and other new categories of claims based mainly on prior relationships between the parties, have all added to a 'floodgates fear' that has intensified due to popular perceptions of a 'compensation culture'. The book contrasts the limited scope for liability under English law with developments in several other jurisdictions. It is argued that statutory reform is needed to achieve greater legal coherence and to provide a remedy that tracks the impact and severity of harm and is not confined to psychiatric disorders. A new legal framework is offered, rooted in reasonable foreseeability of mental or emotional harm, with a liability threshold of 'moderate severity'. To allay concerns about proliferating claims, modifications to the compensatory regime for personal injury are proposed.
Recovering Damages For Psychiatric Injury
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Author : Michael Napier
language : en
Publisher: Gaunt
Release Date : 1995
Recovering Damages For Psychiatric Injury written by Michael Napier and has been published by Gaunt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Damages categories.
The past few years have seen major developments in the law regarding personal injury claims which relate to psychiatric injury. A number of significant cases have recently brought the issues of compensation for psychiatric injury into sharper focus. This book surveys the current state of the law, including an analysis of the "Alcock" case, and an examination of the ways in which a successful claim may be made. It also includes an overview of the major psychiatric conditions which may result from trauma, with particular emphasis on post-traumatic stress disorder.;The authors give practical advice on how to identify a potential psychiatric injury case, practical and procedural steps, and a survey of quantum of damages for traumatically induced injury. Some consideration is given to wider aspects of such claims, for example, incontract. This book is aimed primarily at legal practitioners who are likely to be increasingly confronted with such claims.
A Practical Guide To Psychiatric Claims In Personal Injury 2nd Edition
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Author : Liam Ryan
language : en
Publisher:
Release Date : 2021-01-25
A Practical Guide To Psychiatric Claims In Personal Injury 2nd Edition written by Liam Ryan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-25 with categories.
The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear labyrinthian. This is a practical guide for dealing with personal injury claims involving psychiatric injuries and is aimed to assist both the newcomer and the experienced practitioner alike. As our understanding and acceptance of the nature of psychiatric injury has grown over the last two decades, so has the regularity of such claims appearing in practice as well as the varied ways in which they arise, be it a straightforward psychiatric reaction to injury or a complex stress at work claim. This work breaks the topic down into practical and easily assimilable components to assist practitioners and supplement their knowledge through a combination of detailed discussion of the law, coupled with practical suggestions for practise. This Second Edition is updated and expanded particularly in the areas stress at work and the latest developments in secondary victim claims. ABOUT THE AUTHOR Liam Ryan Studied Law at St Aidan's College, Durham University and completed a LLM at Nottingham University specialising in Commercial law, Criminal law and Human Rights. Liam has a civil practice specialising in medium to high value personal injury actions and commercial litigation. He has a noted specialism in stress at work and psychiatric injury claims. Liam accepts instructions privately, on a Conditional Fee basis and through Direct Access. Liam is a member of PIBA. CONTENTS Chapter One - Introduction Chapter Two - Diagnosis Chapter Three - Primary Victims: Cases Involving Physical Injury Chapter Four - Primary Victims, Rescuers and Involuntary Participants Chapter Five - Primary Victims: Cases Where There Is No Physical Injury: Nervous Shock Chapter Six - Secondary Victims Chapter Seven - Secondary Victims and Emerging Areas Chapter Eight - Stress at Work Claims: Overview Chapter Nine - The Hatton Guidelines Chapter Ten - Stress at Work Claims and Foreseeable Harm Chapter Eleven - Stress at Work and The Breach of Duty of Care Chapter Twelve - Stress at Work Claims and Bullying Chapter Thirteen - Breach of Contract in Stress at Work Claims Chapter Fourteen - The Equality Act 2010 in Stress Claims Chapter Fifteen - Causation and Apportionment and in Stress Claims Chapter Sixteen - Other Tortious Acts Chapter Seventeen - Quantum and Evidence Chapter Eighteen - General Damages Chapter Nineteen - Special Damages
Report On Damages For Psychiatric Injury
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Author : Scottish Law Commission
language : en
Publisher:
Release Date : 2004
Report On Damages For Psychiatric Injury written by Scottish Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Damages categories.
Following on from a consultation paper published in August 2002 (Discussion paper 120, ISBN 0108880699), this report examines the law in Scotland relating to psychiatric injury caused by another person. It considers the existing law and its defects, and makes recommendations for its reform. It concentrates on cases where the act or omission of the wrongdoer gives rise to mental harm without causing any physical or other injury to the victim. Such claims can arise where people are caught up in serious incidents where they are emerge physically unscathed or where close relatives are killed or injured, or in accidents on roads or due to work-related stress. Recommendations include replacement of the current system of common law rules by a statutory obligation to make reparation for wrongfully caused mental harm. The report includes the text of the proposed draft Bill as an appendix, together with explanatory notes.
Malingering Feigning And Response Bias In Psychiatric Psychological Injury
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Author : Gerald Young
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-11
Malingering Feigning And Response Bias In Psychiatric Psychological Injury written by Gerald Young and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-11 with Philosophy categories.
This book is a comprehensive analysis of the definitions, concepts, and recent research on malingering, feigning, and other response biases in psychological injury/ forensic disability populations. It presents a new model of malingering and related biases, and develops a “diagnostic” system based on it that is applicable to PTSD, chronic pain, and TBI. Included are suggestions for effective practice and future research based on the literature reviews and the new systems, which are useful also because they can be used readily by psychiatrists as much as psychologists. In Malingering, Feigning, and Response Style Assessment in Psychiatric/Psychological Injury, Dr. Young ambitiously sets out to articulate and synthesize the polarities involved in the assessment of response styles in psychological disabilities, including PTSD, pain, and TBI. He does so thoroughly and very even-handedly, neither minimizing the degree that outright faking can be found in substantial numbers of examinees, nor disregarding the possibility that there can be causes for validity test failure other than malingering. He reviews the prior systems for classifying evidence of malingering, and proposes his own criteria for feigned PTSD. These are conservative and well-grounded in the prior literature. Finally, the book contains dozens of very recent references, giving testament to Dr. Young's immersion in the personal injury literature, as might be expected from his experience as founder and Editor in Chief for Psychological Injury and the Law. Reviewer: Steve Rubenzer, Ph.D., ABPP Board Certified Forensic Psychologist
Discussion Paper On Damages For Psychiatric Injury
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Author : Scottish Law Commission
language : en
Publisher: Stationery Office/Tso
Release Date : 2002-01-01
Discussion Paper On Damages For Psychiatric Injury written by Scottish Law Commission and has been published by Stationery Office/Tso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Law categories.
This consultation document examines the law of Scotland relating to psychiatric injury caused by another person and proposes recommendations for its reform. It concentrates on cases where the act or omission of the wrongdoer gives rise to psychiatric injury without any physical or other injury. It is not concerned with cases where compensation is regulated by statute, nor with claims arising from breach of contract, except in the area of employment. The document also contains a summary of the law on liability for psychiatric injury in a number of other countries, and a bibliography of books and articles.
Litigating Psychiatric Injury Claims
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Author : Jenny Kennedy
language : en
Publisher: A&C Black
Release Date : 2012-01-31
Litigating Psychiatric Injury Claims written by Jenny Kennedy and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-31 with Law categories.
Litigating Psychiatric Injury Claims is a practical guide to dealing with the complex legal issues arising from psychiatric injury in the UK. It deals with the development of UK law and practice over the last 10 years, particularly in the area of 'stress at work' and the growing role of rehabilitation. Contents include: liability and compensation for psychiatric injury: an overview * primary victims of negligence: shock cases, as well as non-shock cases * secondary victims of negligence * intentional acts and other liability * the illness * compensation * practical steps * capacity * the future. The book provides clear guidance to the complexities of establishing liability, as well as practical assistance on running psychiatric claims. As such, it is an essential book for solicitors and barristers acting for defendants and claimants in UK personal injury cases, as well as for medical experts and witnesses.