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 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 Napier and Wheat s Recovering Damages for Psychiatric Injury written by Kay Wheat and published by . This book was released on 2002 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recovering for Psychological Injuries written by William A. Barton and published by Atla Press. This book was released on 1990 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Recovery of Damages for Psychiatric Illness the New Law of nervous Shock written by Vincent Powell-Smith and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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 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 Injury written by R. J. P. Kottenhagen and published by Informa Pub. This book was released on 2001 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recovery of damages for psychiatric injury is a complex area of personal injury law. The difficulties that arise relate to identifying the precise harm to be expressed in a way that enables a lawyer to reach a view on negligence and then arrive at a reasonable figure for compensation. This report studies the question to what extent negligently inflicted psychiatric injury qualifies for damages within the west European legal systems. A survey looks at the French, English, German and Dutch law, as these systems can be considered representative of some of the major western European law families: Roman law, Germanic law and the Common law.
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.
Download or read book Damages for Psychiatric Injury written by Scottish Law Commission and published by . This book was released on 2004 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Damages Lottery written by P.S. Atiyah and published by Bloomsbury Publishing. This book was released on 1997-05-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.
Download or read book Ending Discrimination Against People with Mental and Substance Use Disorders written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-09-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Download or read book Translational Research in Traumatic Brain Injury written by Daniel Laskowitz and published by CRC Press. This book was released on 2016-04-21 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traumatic brain injury (TBI) remains a significant source of death and permanent disability, contributing to nearly one-third of all injury related deaths in the United States and exacting a profound personal and economic toll. Despite the increased resources that have recently been brought to bear to improve our understanding of TBI, the developme
Download or read book Preparing for the Psychological Consequences of Terrorism written by Institute of Medicine and published by National Academies Press. This book was released on 2003-08-26 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oklahoma City bombing, intentional crashing of airliners on September 11, 2001, and anthrax attacks in the fall of 2001 have made Americans acutely aware of the impacts of terrorism. These events and continued threats of terrorism have raised questions about the impact on the psychological health of the nation and how well the public health infrastructure is able to meet the psychological needs that will likely result. Preparing for the Psychological Consequences of Terrorism highlights some of the critical issues in responding to the psychological needs that result from terrorism and provides possible options for intervention. The committee offers an example for a public health strategy that may serve as a base from which plans to prevent and respond to the psychological consequences of a variety of terrorism events can be formulated. The report includes recommendations for the training and education of service providers, ensuring appropriate guidelines for the protection of service providers, and developing public health surveillance for preevent, event, and postevent factors related to psychological consequences.
