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Napier And Wheats Recovering Damages For Psychiatric Injury
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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.
Book Synopsis Restitutionary Rights to Share in Damages by : Simone Degeling
Download or read book Restitutionary Rights to Share in Damages written by Simone Degeling and published by Cambridge University Press. This book was released on 2003-06-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
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 Landmark Cases in the Law of Tort by : Charles Mitchell
Download or read book Landmark Cases in the Law of Tort written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2010-02-18 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
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 . This book was released on 2002 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Redress for Victims of Crimes Under International Law by : Ilaria Bottigliero
Download or read book Redress for Victims of Crimes Under International Law written by Ilaria Bottigliero and published by Springer. This book was released on 2013-11-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
Book Synopsis Modern Tort Law 6/e by : V. H. Harpwood
Download or read book Modern Tort Law 6/e written by V. H. Harpwood and published by Cavendish Publishing. This book was released on 2005-10-03 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of this well-liked textbook provides a comprehensive update and a clear analysis of all aspects of the law of tort. Substantially revised since the last edition, this new edition maintains the popular student friendly style that seeks to explain the principles of tort law in an interesting and thought-provoking manner.
Book Synopsis Malingering and Illness Deception by : Peter Halligan
Download or read book Malingering and Illness Deception written by Peter Halligan and published by OUP Oxford. This book was released on 2003-10-02 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a rich and turbulent history spanning several centuries, malingering continues to be a controversial and neglected clinical condition that has significant implications for medical, social, legal and insurance interests. Estimates of malingering - the wilful, intentional attempt to simulate or exaggerate illness in the pursuit of a consciously desired end - vary greatly, despite the fact that malingering is believed to contribute substantially to fraudulent health care and social welfare costs. There is little consensus about what would constitute a coherent assessment of malingering, and base rates have been difficult to establish. Malingering remains a difficult attribution to make not least since it falls outside the remit of the formal psychiatric classifications. Labelling a person as a malingerer however, has significant medico-legal, personal and economic ramifications for both subject and accuser. Viewed in this way, malingering is not so much illness behaviour in search of a disease, as the manifestation of a conflict between personal and social values. The aim of this book is to effect an integration of the different medical, forensic, neuropsychological, legal and social perspectives. The book provides an overview of progress in disparate fields relevant to the subject, including how recent social and neuroscience findings regarding volition, intentional states and theory of mind may have implications for informing detection, management and ultimately its explanation.
Book Synopsis Surviving Violent Crime and the Criminal Injuries Compensation Authority by : Simon Duckett
Download or read book Surviving Violent Crime and the Criminal Injuries Compensation Authority written by Simon Duckett and published by T.S. Duckett. This book was released on 2003 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law Textbook written by John Hodgson and published by Oxford University Press. This book was released on 2007-05-17 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Tort Law textbook provides a clear, accessible, and up-to-date introduction to all areas of tort law found in introductory law classes. The text has been extensively revised and re-structured to create an independent textbook resource. End-of-chapter questions, assessment exercises, and chapter summaries, as well as summaries of the key cases referred to throughout the text enable students to test their knowledge and check their understanding of tort law. A companion web site is an additional source of information for students, containing further cases as well as the answers to the end of chapter questions.
Book Synopsis The Aftermath of Road Accidents by : Margaret Mitchell
Download or read book The Aftermath of Road Accidents written by Margaret Mitchell and published by Routledge. This book was released on 2021-12-24 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accidents on the road are so common place in our lives today it's easy to believe that there are plenty of support systems in place for the victims. Death and injuries on the road are construed primarily as medico-legal phenomena, re-inforced both by the way accidents are described and by issues of insurance and compensation for damage and personal injury. But there are many profound psychological and social consequences that remain underestimated. Margaret Mitchell has compiled this collection from leading researchers to examine this neglected area for the unseen victims: the families who have to cope with bereavement or a disabled relative, the driver who has killed but is medically uninjured. It will be of great direct value to psychologists, psychiatrists and other health professionals and will serve as a useful reference for those in the legal profession, voluntary associations and those with personal experience of road, traffic, accidents needing advice about where to seek further help.
Book Synopsis Workplace Trauma by : Noreen Tehrani
Download or read book Workplace Trauma written by Noreen Tehrani and published by Psychology Press. This book was released on 2004 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workplace Trauma explores the impact of traumatic events on the psychological well being of organisations and employees and considers the creation of appropriate trauma care programmes tailored to meet the needs of organisation and individuals.
Book Synopsis Handbook of PTSD, First Edition by : Matthew J. Friedman
Download or read book Handbook of PTSD, First Edition written by Matthew J. Friedman and published by Guilford Press. This book was released on 2007-05-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unparalleled in its breadth and depth, this state-of-the-art handbook reviews current scientific advances in understanding trauma and PTSD, discusses the implications for clinical practice, and evaluates the status of evidence-based assessment and treatment. The foremost authorities in the field examine posttraumatic psychological reactions on multiple levels, from genes and neurocircuitry to gender and lifespan development. Established and emerging psychological, medical, and public health interventions are discussed in depth, as are issues in tailoring treatment to the needs of different populations. Special topics include forensic issues, resilience, and prevention. The integrative concluding chapter presents a reasoned agenda for future research.
Book Synopsis The Whiplash Encyclopedia by : Robert Ferrari
Download or read book The Whiplash Encyclopedia written by Robert Ferrari and published by Jones & Bartlett Learning. This book was released on 2006 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the second edition of The Whiplash Encyclopedia, Robert Ferrari revisits the notion that whiplash is an example of illness induced by society, in general, and by physicians in particular. The second edition takes the work out of understanding all the different dimensions of whiplash, be it why some people get chronic neck pain and others do not, what causes jaw pain, what therapies work and which do not, how we can understand the effect that psychosocial factors have on recovery, what effect litigation and insurance systems have on recovery, and many other topics. The Whiplash Encyclopedia leaves no topic on whiplash uncovered, and can be used in any medicolegal practice. The next time you have a question about whiplash, the answer is likely to be found in The Whiplash Encyclopedia. The Whiplash Encyclopedia, Second Edition explores new theories being heralded to explain chronic whiplash; discusses Central Sensitization; and includes a new chapter in whiplash mythology. In addition, it expands on the knowledge of what causes (and what does not cause) the many neurological and cognitive symptoms reported by whiplash patients. The second edition also investigates the Whiplash Cultures and countries where chronic whiplash is epidemic and examines those cultures by laying them next to countries that, despite having motor vehicle collisions as frequently as elsewhere in the world, and frequently having physicians diagnose acute whiplash, rarely or uncommonly has anyone taking the stage as chronic whiplash characters.
Book Synopsis Post Traumatic Stress Disorder and the Law by : Trevor Hicks
Download or read book Post Traumatic Stress Disorder and the Law written by Trevor Hicks and published by Universal-Publishers. This book was released on 2003 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Nervous shock' cases form an area of law, which illustrates well the operation of judicial policy. It is possible from such cases to trace the changing attitudes of lawyers, doctors and of society in general to psychiatric injury over the last century. These cases also highlight the changing judicial attitudes to the scope of duty of care and to the whole issue of policy decisions. The recognition of nervous shock similarly illustrates the development of medical knowledge in relation to psychiatric injury. The recognition of Post traumatic Stress Syndrome (PTSD) has been a relatively new and controversial phenomenon and this disorder has now been incorporated into the various classifications of mental disorder as a recognisable psychiatric illness. This book examines the development of the law and medical knowledge in relation to cases of nervous shock and in particular to PTSD. The expansion and subsequent contraction of liability is shown to be dynamic in nature, as both legal and medical knowledge have increased. The intention of this book is to provide a concise review of the law comparing it to current medical knowledge in relation to PTSD. The book is intended to be of use to professionals involved in psychiatric injury cases who require an up to date understanding of PTSD.
Book Synopsis Post-traumatic Stress by : Stephen Regel
Download or read book Post-traumatic Stress written by Stephen Regel and published by Oxford University Press, USA. This book was released on 2010-04-22 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each book in this popular series offers practical advice about an illness or condition in a clear and accessible style, written by leading authorities in the field. --
Book Synopsis Tolley's Journal of Professional Negligence by :
Download or read book Tolley's Journal of Professional Negligence written by and published by . This book was released on 2002 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
