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Litigating Psychiatric Injury Claims

By: David Marshall, Jenny Kennedy, Rehana Azib, Amanda Hopkins
Media of Litigating Psychiatric Injury Claims
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Published: 10-11-2022
Format: EPUB eBook (?)
Edition: 2nd
Extent: 256
ISBN: 9781526515674
Imprint: Bloomsbury Professional
RRP: £103.50
Online price : £93.15
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About Litigating Psychiatric Injury Claims

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'.

Table Of Contents

1.Liability and compensation for psychiatric injury: an overview
2. Primary victims of negligence: shock cases
3. Primary victims of negligence: non-shock cases
4. Secondary victims of negligence
5. Intentional acts and other liability
6. The illness
7. Compensation
8. Practical steps
9. The Mental Capacity Act 2005
10. The future

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