Compensation for psychiatric injury: evolution of a law of nervous shock.
District nurses will be well aware that if a person receives an injury because of someone else's negligence they are entitled to compensation for the harm that has been caused. However, where the injury is in the form of psychiatric harm the law has traditionally imposed rules that set out the conditions to be met before a successful claim for damages can be made. Even in today's enlightened society the law still does not always treat a psychiatric injury in the same way as a physical injury. In this article Richard Griffith outlines the development of the law in relation to psychiatric injury--historically called "nervous shock"--and considers the current approach to claims for damages where a person suffers psychiatric harm because of another's negligent act.
Griffith
Richard
R
School of Health Science, Swansea University. richard.griffith@swan.ac.uk
D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D019548:Crime Victims / Q000331:legislation & jurisprudence; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D001523:Mental Disorders / Q000523:psychology*; D011634:Public Health / Q000331:legislation & jurisprudence; D011637:Public Health Nursing / Q000331:legislation & jurisprudence; D006113:United Kingdom