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Damages for Psychiatric Injuries : Australian Legal Monograph Series - Des Butler

Damages for Psychiatric Injuries

Australian Legal Monograph Series

Hardcover Published: April 2004
ISBN: 9781862874916
Number Of Pages: 176

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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.

Industry Reviews

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 Introduction Responses to trauma Relevant factors in the aetiology of trauma

Step by Cautious Step Introduction 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 Introduction Relevant policy considerations Balancing competing considerations

Bright Lines and Boundary Stones Introduction Concepts of damage Relevant stressors: the class of plaintiff Means of perceiving the stressor Physical proximity Causal proximity Pre-existing relationships: circumstantial proximity Self-inflicted death, injury or peril

Stopping the Thing Where Good Sense Stops It Introduction Inclusion and exclusion Ipp Report and Australian tort reform legislation The relevant damage Conclusion Table of Cases/ Table of Statutes/ Index

ISBN: 9781862874916
ISBN-10: 1862874913
Series: Australian Legal Monograph Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 176
Published: April 2004
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 21.59 x 13.97  x 2.03
Weight (kg): 0.35
Edition Number: 1