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.
The publication of this book is timely. As with many areas in the medical arena, it is very difficult to understand the terminology. The author has included a chapter explaining in simple terms the medical basis and history of psychiatric conditions and injuries and the use of diagnostic tools ...
Throughout the text, the author has provided helpful examples of the concepts and explanations of "tags" often used in this area. This should assist practitioners when seeking to understand medical reports ...
The history of the development of liability for psychiatric injury is thoroughly explained. This becomes important ... The reader will also be aided by the author expressing his own views on decisions and the impact of [recent] legislative changes. ... For Victorian lawyers, a section in Chapter 6 specifically addresses [the amendments to the Wrongs Act]. ...
Damages for Psychiatric Injuries gives practitioners a valuable resource [which] can assist in formulating arguments that may influence the courts to develop an appropriate approach to the difficult concepts. - Tim McFarlane, Law Institute (Vic) Journal, Vol 78.10, (October 2004) 66
Thus Far and How Much Farther?
A Medical Perspective
Responses to trauma
Relevant factors in the aetiology of trauma
Step by Cautious Step
Early treatment of nervous shock as physical injury
The genesis of limitations
Foreseeability: from flexibility to subterranean mutilation
The Dillon v Legg legacy
Australian manoeuvres: Jaensch to Gifford and beyond
The English disaster: Alcock and beyond
Competing Policy Considerations
Relevant policy considerations
Balancing competing considerations
Bright Lines and Boundary Stones
Concepts of damage
Relevant stressors: the class of plaintiff
Means of perceiving the stressor
Pre-existing relationships: circumstantial proximity
Self-inflicted death, injury or peril
Stopping the Thing Where Good Sense Stops It
Inclusion and exclusion
Ipp Report and Australian tort reform legislation
The relevant damage
Table of Cases/ Table of Statutes/ Index
Series: Australian Legal Monograph Series
Number Of Pages: 176
Published: April 2004
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 21.59 x 13.97
Weight (kg): 0.35
Edition Number: 1