Download or read book Litigating Psychiatric Injury Claims written by David Marshall and published by . This book was released on 2022 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides guidance to the complexities of establishing liability, as well as assistance on running psychiatric claims. Such cases are technically challenging with regard to establishing liability and causation. The authors seek to provide an essential route map through the 'patchwork quilt' of the current law. This edition deals with the development of law and practice since the first edition, in particular: 1. Anticipating the implications of the litigation surrounding the Grenfell Tower disaster - revisiting primary and secondary victim categories and how the legal framework established following the Hillsborough disaster will be tested in a different social media age. 2. Include a discussion of the change in attitude towards mental health since 2012 (for example the Royal Family campaign, NHS initiatives, young male suicide rate campaign), a change with which the law has not kept pace. 3. Discussion of Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - David Marshall of Anthony Gold being the instructed solicitor in this case and this being the only reported successful high court case since the publication of the first edition. Yapp -v- Foreign and Commonwealth Office [2014] EWCA Civ 1512 to be distinguished and discussed. 4. Developments in secondary victim claims, in particular what constitutes a shocking event - Re (a Minor) and Others -v- Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 in which childbirth constituted a shocking event. To be discussed in the context of what is deemed to fall short of 'shocking' ( Liverpool Women's Hospital NHS Foundation Trust -v- Ronayne [2015] EWCA Civ 588 - in which a husband failed as a secondary victim where the operation was a hysterectomy rather than childbirth). Paul & Others -v- Royal Wolverhampton NHS Trust [2019] EWHC 2893 (QB) regarding proximity to the negligent act. YAH -v- Medway NHS Foundation Trust [2018] EWHC 2964 (QB) regarding whether the victim is truly a secondary victim or if they are really a primary victim. 5. Update on material contribution - BAE System (Operations) Ltd -v- Marion Konczak [2017] EWCA Civ 1188 6. Update on any changes to the classification of psychiatric injury and how these are litigated, for eg HHJ Gore QC in Liverpool Women's hospital case rejecting diagnosis of PTSD but finding 'a frank psychiatric illness'."--

Download or read book Litigating Psychiatric Injury Claims written by Jenny Kennedy and published by A&C Black. This book was released on 2012-01-31 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation written by Aspen Publishers and published by Aspen Publishers. This book was released on 2002 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Litigating Psychological Injury Claims in Wisconsin written by Kenneth H. Smail and published by . This book was released on 1988 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Litigating Psychological Injury Claims written by Eric Henry Marcus and published by . This book was released on 1988 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Practical Guide to Psychiatric Claims in Personal Injury written by Liam Ryan and published by . This book was released on 2017-09-15 with total page 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 seeks to take the topic and to break it 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. ABOUT THE AUTHOR Liam 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.

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.

Download or read book Mental and Emotional Injuries in Employment Litigation written by James J. McDonald and published by BNA Books (Bureau of National Affairs). This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Use this comprehensive overview to evaluate potential claims objectively...and to select, depose, and cross-examine mental health experts more effectively. Attorneys, psychiatrists, psychologists, and pharmacologists explain the legal and mental health issues you need to assess -- and be ready to litigate -- in this complex area of practice, including: -- diagnosis of commonly claimed disorders -- the intricacies of sexual harassment claims, psychological testing, and effects of medication -- assessment of post-traumatic stress -- detection of malingering -- the statutory and common law bases for recovery of damages The book's analyses, exhibits, and numerous examples help you focus on the complex elements of these claims. And a full index and table of cases make it ideal for your case evaluation.

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation written by Herbert Lasky and published by . This book was released on 1994 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Practical Strategies for Litigating Psychological Injury Claims written by IBC UK Conferences Limited and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Claims of Psychiatric Injury After Alleged False Arrest written by IN. Perr and published by . This book was released on 1988 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation has increased rapidly in the United States; those who feel aggrieved sue readily for damages. Police officers and security people may be sued after arrests or detention followed by unsuccessful prosecution or dropping of criminal charges. Claims of psychiatric injury may be made where there are no discernible damages otherwise. Examiners must keep in mind that physical abuse or grossly inappropriate police behavior may be factors in the ultimate results. This paper reviews 13 cases of claimed psychiatric injury after arrest. Almost all were settled, some for significant amounts. Appropriateness of evaluation, the value of nuisance suits in this type of litigation, the role of attorneys' fees, and the effect of Federal suits as opposed to state suits are discussed.

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.

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:

Download or read book Personal Injury Practice written by Andrew Buchan and published by Bloomsbury Publishing. This book was released on 2014-02-28 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition provides a step-by-step guide to personal injury litigation practice and procedure, taking into account the impact of the CPR and clarification of the legal aid position.

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.

Download or read book Current Medical legal Issues in Personal Injury Litigation written by Hugh C. H. Koch and published by Informa Medical. This book was released on 2001 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines medico-legal issues in post-Woolf personal injury litigation. The interface between legal and psychological perspectives are illustrated with reference to current practice and recent case law. Key issues addressed include: claimant reliability, treatment and rehabilitation, decision making by experts, lawyers and barristers and the overall quality of medical legal processes.