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Author: Scottish Law Commission
Publisher:
ISBN: 9780108881411
Category : Damages
Languages : en
Pages : 57
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Book Description
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: Scottish Law Commission
Publisher:
ISBN: 9780108881411
Category : Damages
Languages : en
Pages : 57
Get Book Here
Book Description
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: Nicholas J. Mullany
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 516
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Book Description
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: Des Butler
Publisher: Federation Press
ISBN: 9781862874916
Category : Health & Fitness
Languages : en
Pages : 182
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Book Description
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: David Brian Arciniegas
Publisher: American Psychiatric Pub
ISBN: 1585624047
Category : Medical
Languages : en
Pages : 598
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Book Description
Management of Adults with Traumatic Brain Injury is an up-to-the-minute, comprehensive, and useful text designed to support busy physicians, nurses, and mental health professionals working with persons with traumatic brain injury (TBI) and their families. Understanding and improving outcomes after TBI requires consideration of the effects of biomechanical forces on the brain and the interactions between the injury, the person experiencing it, and the psychosocial context in which TBI and its consequences occur. A multidisciplinary approach to the management of persons with TBI therefore is essential. Accordingly, this book presents and synthesizes the work of internationally recognized brain injury clinicians, scientists, and educators who were selected by a team of editors with backgrounds in psychiatry, neurology, psychology, and physiatry. This broad range of perspectives enhances understanding and provides nuanced yet practical information on the neuropsychiatric management of persons with TBI. Evidence-informed, concise, and clinically rich, Management of Adults with Traumatic Brain Injury will be of enormous value to health care providers grappling with the neurological and mental health consequences of this widespread public health problem.
Author: Harvey Teff
Publisher: Bloomsbury Publishing
ISBN: 1847314783
Category : Law
Languages : en
Pages : 228
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Book Description
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: Mark Lunney
Publisher: Oxford University Press
ISBN: 0199211361
Category : Law
Languages : en
Pages : 1059
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Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
Author: Kay Wheat
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 334
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Book Description
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.
Author: Jonathan M. Silver, M.D.
Publisher: American Psychiatric Pub
ISBN: 1615371125
Category : Medical
Languages : en
Pages : 996
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Book Description
Despite the increased public awareness of traumatic brain injury (TBI), the complexities of the neuropsychiatric, neuropsychological, neurological, and other physical consequences of TBI of all severities across the lifespan remain incompletely understood by patients, their families, healthcare providers, and the media. Keeping pace with advances in the diagnosis, treatment, and science of TBI, the Textbook of Traumatic Brain Injury, Third Edition, comprehensively fills this gap in knowledge. Nearly all 50 chapters feature new authors, all of them experts in their field. Chapters new to this edition include biomechanical forces, biomarkers, neurodegenerative dementias, suicide, endocrine disorders, chronic disease management, and social cognition. An entirely new section is devoted to the evaluation and treatment of mild TBI, including injuries in athletes, military service members and veterans, and children and adolescents. These chapters join newly updated sections on the assessment and treatment of the cognitive, emotional, behavioral, and other physical sequelae of TBI. The Textbook of Traumatic Brain Injury is a must-read for all of those working in any of the multitude of disciplines that contribute to the care and rehabilitation of persons with brain injury. This new volume is also a potentially useful reference for policymakers in both the public and private sectors.
Author: Brett T. Litz
Publisher: Guilford Publications
ISBN: 1462533833
Category : Psychology
Languages : en
Pages : 225
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Book Description
A complete guide to an innovative, research-based brief treatment specifically developed for service members and veterans, this book combines clinical wisdom and in-depth knowledge of military culture. Adaptive disclosure is designed to help those struggling in the aftermath of traumatic war-zone experiences, including life threat, traumatic loss, and moral injury, the violation of closely held beliefs or codes. Detailed guidelines are provided for assessing clients and delivering individualized interventions that integrate emotion-focused experiential strategies with elements of cognitive-behavioral therapy (CBT). Reproducible handouts can be downloaded and printed in a convenient 8 1/2" x 11" size.
Author: Daniel Laskowitz
Publisher: CRC Press
ISBN: 1498766579
Category : Medical
Languages : en
Pages : 388
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Book Description
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
