This textbook seeks to demystify the complex legal framework that surrounds psychiatric injury claims by providing clear and accessible explanations of the governing legal principles, together with practical guidance. It examines the principles governing psychiatric injury claims, including diagnosis, duties of care, foreseeability, causation, and the distinctions between primary and secondary victims. The book also covers claims arising from workplace stress, intentional acts and the differing methods and approaches that can be taken when quantifying damages.
Whether you are a legal professional, academic, or student, this book aims to be an indispensable resource for anyone navigating the complexities of psychiatric injury claims, providing an accessible insight into the ever evolving intersection of law and mental health.
CONTENTS
1. Introduction
2. Claims in Negligence and Psychiatric Injury
3. Diagnosis
4. Nervous Shock
5. Primary Victims Involving Physical Injury
6. Primary Victims Where There Is No Physical Injury: Pure Nervous Shock Claims
7. Rescuers and Involuntary Participants
8. Secondary Victims
9. Stress at Work Claims: An Overview
10. The Hatton Guidelines
11. Stress at Work Claims and Foreseeable Harm
12. Stress at Work and the Breach of Duty of Care
13. Stress at Work Claims and Bullying
14. Breach of Contract in Stress at Work Claims
15. Causation and Apportionment in Stress Claims
16. The Equality Act 2010 in Stress Claims
17. Other Tortious Acts
18. Quantum and Evidence
19. General Damages
20. Special Damages
21. Triage Checklist