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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.
Book Synopsis Damages for Psychiatric Injuries by : Des Butler
Download or read book Damages for Psychiatric Injuries written by Des Butler and published by Federation Press. This book was released on 2004 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Recovering Damages for Psychiatric Injury by : Michael Napier
Download or read book Recovering Damages for Psychiatric Injury written by Michael Napier and published by Gaunt. This book was released on 1995 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Tort Liability for Psychiatric Damage by : Nicholas J. Mullany
Download or read book Tort Liability for Psychiatric Damage written by Nicholas J. Mullany and published by Lawbook Company. This book was released on 1993 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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
Book Synopsis A Practical Guide to Psychiatric Claims in Personal Injury - 2nd Edition by : Liam Ryan
Download or read book A Practical Guide to Psychiatric Claims in Personal Injury - 2nd Edition written by Liam Ryan and published by . This book was released on 2021-01-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Liability for psychiatric damage is a rapidly expanding area of legal interest. Written by experts in the field, this text describes and analyses the present law and practice on the recovery of compensation for mental harm in English law. It also includes comparative analysis of the approaches taken by other jurisdictions. It presents an analysis of the strengths and weaknesses of the law in terms of the medical profession's understanding of how psychiatric injury occurs. Lawyers need to understand not only the legal rules and practice and the general direction in which the courts are going, but also the policy issues (some of which are rooted in medicine rather than law) which influence the changes. In its thorough analysis of the topic, possible future developments and proposals for new approaches to the area are considered alongside human rights aspects.
Book Synopsis Liability for Psychiatric Damage by : Michael A. Jones
Download or read book Liability for Psychiatric Damage written by Michael A. Jones and published by Butterworths. This book was released on 2004-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability for psychiatric damage is a rapidly expanding area of legal interest. Written by experts in the field, this text describes and analyses the present law and practice on the recovery of compensation for mental harm in English law. It also includes comparative analysis of the approaches taken by other jurisdictions. It presents an analysis of the strengths and weaknesses of the law in terms of the medical profession's understanding of how psychiatric injury occurs. Lawyers need to understand not only the legal rules and practice and the general direction in which the courts are going, but also the policy issues (some of which are rooted in medicine rather than law) which influence the changes. In its thorough analysis of the topic, possible future developments and proposals for new approaches to the area are considered alongside human rights aspects.
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.
Book Synopsis Report on Damages for Psychiatric Injury by : Scottish Law Commission
Download or read book Report on Damages for Psychiatric Injury written by Scottish Law Commission and published by . This book was released on 2004 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Napier and Wheat's Recovering Damages for Psychiatric Injury by : Kay Wheat
Download or read book Napier and Wheat's Recovering Damages for Psychiatric Injury written by Kay Wheat and published by Blackstone Press. This book was released on 2002 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Causing Psychiatric and Emotional Harm by : Harvey Teff
Download or read book Causing Psychiatric and Emotional Harm written by Harvey Teff and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Recovering for Psychological Injuries by : William A. Barton
Download or read book Recovering for Psychological Injuries written by William A. Barton and published by . This book was released on 1985 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Psychiatric Aspects of Personal Injury Claims by : George Mendelson
Download or read book Psychiatric Aspects of Personal Injury Claims written by George Mendelson and published by Charles C. Thomas Publisher. This book was released on 1988 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
