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Author: James J. McDonald Publisher: BNA Books (Bureau of National Affairs) ISBN: Category : Law Languages : en Pages : 472
Book Description
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.
Author: James J. McDonald Publisher: BNA Books (Bureau of National Affairs) ISBN: Category : Law Languages : en Pages : 472
Book Description
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.
Author: David Marshall Publisher: ISBN: 9781526515674 Category : Liability for emotional distress Languages : en Pages : 256
Book Description
"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: William J. Koch Publisher: Oxford University Press ISBN: 0195188284 Category : Law Languages : en Pages : 329
Book Description
Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions.Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon.A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.
Author: Robert I. Simon Publisher: American Psychiatric Pub ISBN: 1585627534 Category : Medical Languages : en Pages : 269
Book Description
The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.
Author: Jenny Kennedy Publisher: A&C Black ISBN: 1845921135 Category : Law Languages : en Pages : 247
Book Description
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.
Author: James J. McDonald
Author: James J. McDonald
Author: Kenneth H. Smail
Author: Aspen Publishers
Author: Eric Henry Marcus
Author: Herbert Lasky
Author: IBC UK Conferences Limited
Author: David Marshall
Author: William J. Koch
Author: Robert I. Simon
Author: Jenny Kennedy