A Practical Guide to Psychiatric Claims in Personal Injury - 2nd Edition


Book Description

The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear labyrinthian. This is a practical guide for dealing with personal injury claims involving psychiatric injuries and is aimed to assist both the newcomer and the experienced practitioner alike. As our understanding and acceptance of the nature of psychiatric injury has grown over the last two decades, so has the regularity of such claims appearing in practice as well as the varied ways in which they arise, be it a straightforward psychiatric reaction to injury or a complex stress at work claim. This work breaks the topic down into practical and easily assimilable components to assist practitioners and supplement their knowledge through a combination of detailed discussion of the law, coupled with practical suggestions for practise. This Second Edition is updated and expanded particularly in the areas stress at work and the latest developments in secondary victim claims. ABOUT THE AUTHOR Liam Ryan Studied Law at St Aidan's College, Durham University and completed a LLM at Nottingham University specialising in Commercial law, Criminal law and Human Rights. Liam has a civil practice specialising in medium to high value personal injury actions and commercial litigation. He has a noted specialism in stress at work and psychiatric injury claims. Liam accepts instructions privately, on a Conditional Fee basis and through Direct Access. Liam is a member of PIBA. CONTENTS Chapter One - Introduction Chapter Two - Diagnosis Chapter Three - Primary Victims: Cases Involving Physical Injury Chapter Four - Primary Victims, Rescuers and Involuntary Participants Chapter Five - Primary Victims: Cases Where There Is No Physical Injury: Nervous Shock Chapter Six - Secondary Victims Chapter Seven - Secondary Victims and Emerging Areas Chapter Eight - Stress at Work Claims: Overview Chapter Nine - The Hatton Guidelines Chapter Ten - Stress at Work Claims and Foreseeable Harm Chapter Eleven - Stress at Work and The Breach of Duty of Care Chapter Twelve - Stress at Work Claims and Bullying Chapter Thirteen - Breach of Contract in Stress at Work Claims Chapter Fourteen - The Equality Act 2010 in Stress Claims Chapter Fifteen - Causation and Apportionment and in Stress Claims Chapter Sixteen - Other Tortious Acts Chapter Seventeen - Quantum and Evidence Chapter Eighteen - General Damages Chapter Nineteen - Special Damages




A Practical Guide to Psychiatric Claims in Personal Injury


Book Description

The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear labyrinthian. This is a practical guide for dealing with personal injury claims involving psychiatric injuries and is aimed to assist both the newcomer and the experienced practitioner alike. As our understanding and acceptance of the nature of psychiatric injury has grown over the last two decades, so has the regularity of such claims appearing in practice as well as the varied ways in which they arise, be it a straightforward psychiatric reaction to injury or a complex stress at work claim. This work seeks to take the topic and to break it down into practical and easily assimilable components to assist practitioners and supplement their knowledge through a combination of detailed discussion of the law, coupled with practical suggestions for practise. ABOUT THE AUTHOR Liam Studied Law at St Aidan's College, Durham University and completed a LLM at Nottingham University specialising in Commercial law, Criminal law and Human Rights. Liam has a civil practice specialising in medium to high value personal injury actions and commercial litigation. He has a noted specialism in stress at work and psychiatric injury claims. Liam accepts instructions privately, on a Conditional Fee basis and through Direct Access. Liam is a member of PIBA.




Litigating Psychiatric Injury Claims


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.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Small Claims Procedure in the County Court


Book Description

Claims assigned to the small claims track of the county court are up to £10,000 in value. This book provides clear guidance about all the relevant procedures and rules, some of which are unique to the track. They include the rules which limit costs recovery, procedures on appeals and the small claims mediation service provided through the Court. It meets all the needs of the professional user, including case citations and statutory references, but is written and presented with the non- lawyer in mind: it has a wealth of practical advice, plus simple summaries, flow charts, check lists and tables to enable litigants in person to understand the court process. It includes a glossary which explains over 100 legal words, terms and phrases. The book was first published over 20 years ago, and this is the 7th edition. It has been fully updated with an entire chapter devoted to the Road Traffic Act Small Claims Protocol and associated rule changes, under which many personal injury cases worth up to £5,000 in value will be allocated to the small claims track. This popular title will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest knowledge and enabling them to make the most of the procedures that are available.







Learning Forensic Assessment


Book Description

Major developments in the field since the publication of Learning Forensic Assessment are integrated in this revised edition, including revised editions of the DSM-5, HCR-20 scale, and child custody guidelines. This textbook is designed for graduate students learning forensic assessment and psychologists coming to forensic practice later in their careers. It is organized around five broad areas: Professional and Practice Issues, Adult Forensic Assessment, Juvenile Forensic Assessment, Civil Forensic Assessment, and Communicating Your Findings. Each chapter begins with a strong teaching and learning foundation. The latter part of each chapter is assessment specific, covering available assessment measures and approaches to assessment. The authors go well beyond simple descriptions of assessment measures and provide a conceptual discussion of the evaluation process that helps the reader understand how assessment measures fit into the overall evaluation process. The evaluation component is geared toward assessing the important aspects of the construct as laid out in the early part of each chapter. Each chapter then concludes with a case example to illustrate the measures and techniques described.




Writing Forensic Reports


Book Description

Despite the extensive technical literature on forensic mental health, there is a lack of practical guidebooks dedicated to generating clear and persuasive forensic mental health reports. Greenfield and Gottschalk present this practical handbook to address this critical need. This comprehensive guide outlines the proper format for forensic reports, contains multiple examples of full and partial reports, and is organized in a user-friendly, "how-to" style to accomplish its goal. The case overviews of full criminal reports, full civil reports, and civil summaries cover important topics such as domestic violence, malpractice, personal injury, malingering, and more. Key features: Full-length report samples with step-by-step guidelines explaining how each section of the report is done Designed to assist the novice, trainee, and seasoned forensic mental health practitioner Extensive commentaries and discussions following each case overview to convey how the report served to help resolve its case Extensive reference lists and appendices containing key terms, additional journals and periodicals, Internet resources, and assessment tools




Brain Injury Medicine, 2nd Edition


Book Description

This book is a clear and comprehensive guide to all aspects of the management of traumatic brain injury-from early diagnosis and evaluation through the post-acute period and rehabilitation. An essential reference for physicians and other health care professionals who work with brain injured patients, the book focuses on assessment and treatment of the wider variety of clinical problems these patients face and addresses many associated concerns such as epidemiology, ethical issues, legal issues, and life-care planning. Written by over 190 acknowledged leaders, the text covers the full spectrum of the practice of brain injury medicine including principles of neural recovery, neuroimaging and neurodiagnostic testing, prognosis and outcome, acute care, rehabilitation, treatment of specific populations, neurologic and other medical problems following injury, cognitive and behavioral problems, post-traumatic pain disorders, pharmacologic and alternative treatments, and community reentry and productivity.




Malingering, Feigning, and Response Bias in Psychiatric/ Psychological Injury


Book Description

This book is a comprehensive analysis of the definitions, concepts, and recent research on malingering, feigning, and other response biases in psychological injury/ forensic disability populations. It presents a new model of malingering and related biases, and develops a “diagnostic” system based on it that is applicable to PTSD, chronic pain, and TBI. Included are suggestions for effective practice and future research based on the literature reviews and the new systems, which are useful also because they can be used readily by psychiatrists as much as psychologists. In Malingering, Feigning, and Response Style Assessment in Psychiatric/Psychological Injury, Dr. Young ambitiously sets out to articulate and synthesize the polarities involved in the assessment of response styles in psychological disabilities, including PTSD, pain, and TBI. He does so thoroughly and very even-handedly, neither minimizing the degree that outright faking can be found in substantial numbers of examinees, nor disregarding the possibility that there can be causes for validity test failure other than malingering. He reviews the prior systems for classifying evidence of malingering, and proposes his own criteria for feigned PTSD. These are conservative and well-grounded in the prior literature. Finally, the book contains dozens of very recent references, giving testament to Dr. Young's immersion in the personal injury literature, as might be expected from his experience as founder and Editor in Chief for Psychological Injury and the Law. Reviewer: Steve Rubenzer, Ph.D., ABPP Board Certified Forensic Psychologist