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Author : Harvey Teff
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (263 download)
Download or read book Liability for Psychiatric Illness After Hillsborough written by Harvey Teff and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Harvey Teff
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314783
Total Pages : 228 pages
Book Rating : 4.8/5 (473 download)
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.
Author : Des Butler
Publisher : Federation Press
ISBN 13 : 9781862874916
Total Pages : 182 pages
Book Rating : 4.8/5 (749 download)
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.
Author : Nicholas J. Mullany
Publisher : Lawbook Company
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.F/5 ( download)
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.
Author : David Marshall
Publisher :
ISBN 13 : 9781526515674
Total Pages : 256 pages
Book Rating : 4.5/5 (156 download)
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'."--
Author : P.S. Atiyah
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314279
Total Pages : 218 pages
Book Rating : 4.8/5 (473 download)
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.
Author : Hillsborough Independent Panel
Publisher : The Stationery Office
ISBN 13 : 9780102980356
Total Pages : 400 pages
Book Rating : 4.9/5 (83 download)
Download or read book The Report of the Hillsborough Independent Panel written by Hillsborough Independent Panel and published by The Stationery Office. This book was released on 2012-09-12 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 96 women, men and children died as a result of the disaster in Hillsborough Stadium on 15 April 1989. They were crushed due to overcrowding in the Leppings Lane terrace, penned in by the ground's fencing. Hundreds more were injured and thousands traumatised. Lord Justice Taylor led a judicial inquiry (1990, Cm. 962, ISBN 9780101096225), concluding that the main cause of the disaster was the failure of police control. The next 11 years saw a variety of investigations and proceedings, including a scrutiny of new evidence (Lord Justice Stuart-Smith, 1998, Cm. 3878, ISBN 9780101387828). Yet many bereaved families felt that the true context, circumstances and aftermath had not been adequately made public, and were particularly aggrieved that it had become widely assumed that Liverpool fans' behaviour had contributed to the disaster. The Independent Panel was established in 2010 to oversee full public disclosure of all documents relating to the disaster and to report on its work. This report is in three parts. Firstly it shows what was already known and in the public domain by 2010. Secondly, in 12 detailed chapters, it describes what the disclosed documents add to public understanding. The third part gives a review of options for providing an archive of the documents. The disclosed documents (available at http://panel.hillsborough.independent.gov.uk/) add considerably to public understanding. They show that multiple factors were responsible for the tragedy and that the fans were not the cause. The report also shows that the bereaved families met a series of obstacles in their search for justice over more than 20 years.
Author : Jason W. Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317014
Total Pages : 610 pages
Book Rating : 4.8/5 (473 download)
Download or read book Emerging Issues in Tort Law written by Jason W. Neyers and published by Bloomsbury Publishing. This book was released on 2007-05-29 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.
Author : Rachael Mulheron
Publisher : Routledge
ISBN 13 : 131709834X
Total Pages : 650 pages
Book Rating : 4.3/5 (17 download)
Download or read book Medical Negligence: Non-Patient and Third Party Claims written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
Author : Simon Deakin, FBA
Publisher : Oxford University Press
ISBN 13 : 0199591989
Total Pages : 1002 pages
Book Rating : 4.1/5 (995 download)
Download or read book Markesinis and Deakin's Tort Law written by Simon Deakin, FBA and published by Oxford University Press. This book was released on 2012-10-18 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
Author : Vera Bermingham
Publisher : Oxford University Press, USA
ISBN 13 : 0199639566
Total Pages : 354 pages
Book Rating : 4.1/5 (996 download)
Download or read book Tort Law Directions written by Vera Bermingham and published by Oxford University Press, USA. This book was released on 2012-04-05 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law Directions is written in an engaging and lively manner with an emphasis on explaining the key topics covered on tort law courses with clarity. The book includes helpful learning features to guide students through the material in an interesting and interactive way.
Author : Simon Deakin
Publisher : Oxford University Press, USA
ISBN 13 : 0198747969
Total Pages : 1011 pages
Book Rating : 4.1/5 (987 download)
Download or read book Markesinis and Deakin's Tort Law written by Simon Deakin and published by Oxford University Press, USA. This book was released on 2019-09-02 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its eighth edition Markesinis and Deakin's Tort Law provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving students a deeper and richer understanding of tort law. This detailed and authoritative book offers teachers a wide range of topics to cover, while providing students with a text which is both descriptive and reflective of this branch of law.
Author : Scottish Law Commission
Publisher :
ISBN 13 : 9780108881411
Total Pages : 57 pages
Book Rating : 4.8/5 (814 download)
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.
Author : Peter R. Handford
Publisher :
ISBN 13 : 9780455222943
Total Pages : 761 pages
Book Rating : 4.2/5 (229 download)
Download or read book Mullany and Handford's Tort Liability for Psychiatric Damage written by Peter R. Handford and published by . This book was released on 2006-01-01 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bruce H. Young
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)
Download or read book Disaster Mental Health Services written by Bruce H. Young and published by . This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Cane
Publisher :
ISBN 13 : 9780511556630
Total Pages : 514 pages
Book Rating : 4.5/5 (566 download)
Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Author : Ellie Lee
Publisher : Transaction Publishers
ISBN 13 : 9780202364049
Total Pages : 308 pages
Book Rating : 4.3/5 (64 download)
Download or read book Abortion, Motherhood, and Mental Health written by Ellie Lee and published by Transaction Publishers. This book was released on with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whatever reproductive choices women make--whether they opt to end a pregnancy through abortion or continue to term and give birth--they are considered to be at risk of suffering serious mental health problems. According to opponents of abortion in the United States, potential injury to women is a major reason why people should consider abortion a problem. On the other hand, becoming a mother can also be considered a big risk. This fine, well-balanced book is about how people represent the results of reproductive choices. It examines how and why pregnancy and its various outcomes have come to be discussed this way. The author's interest in the medicalization of reproduction--its representation as a mental health problem--first arose in relation to abortion. There is a very clear contrast between the construction of women who have abortions, implied by moralized argument against abortion, and the construction that results when the case against abortion focuses on its effects on women's mental health. Lee argues that claims that connect abortion with mental illness have been limited in their influence, but this is not to suggest that they have not become a focus for discussion and have had no impact. The limits to such claims about abortion do not, by any means, suggest limits to the process of the medicalization of pregnancy more broadly, that is, a process of demedicalization. The final theme of Ellie Lee's book is the selective medicalization of reproduction. Centering on the claim that abortion can create a post abortion syndrome, the author examines the "medicalization" of the abortion problem on both sides of the Atlantic. Lee points to contrasts in legal and medical dimensions of the abortion issue that make for some important differences, but argues that in both the United States and Great Britain, the post-abortion-syndrome claim constitutes an example of the limits to medicalization and the return to the theme of motherhood as a psychological ordeal. Lee makes the case for looking to the social dimensions of mental health problems to account for and understand debates about what makes women ill. Ellie Lee is research fellow in the Department of Sociology and Social Policy, University of Southampton, Highfield, United Kingdom.
