The issue of recovery of damages for negligently inflicted psychiatric harm is widely regarded as not only highly ridiculous and illogical, but also as one of the most controversial in the law of torts. On one hand is the view that psychiatric illness should be treated no differently from physical injuries to the person, and damages for the former should be no less extensive than the latter. On the other hand, though, is deep scepticism about the reality of conditions grouped together under the label of psychiatric illness, and the problem of identifying and segregating the true claimants. Since old times law has been cautious about awarding damages for non physical harm to any person. Even today, this general perception has not changed. English law has always tried to follow a delicate middle path with regards to pragmatism and principle, but in this pursuit it ends up neither here nor there, and ends up looking glaringly inadequate.
Negligence Law and Psychiatric Injury
Negligence Law and Psychiatric Injury - Oxford Royale Academy
To browse Academia. Skip to main content. Log In Sign Up. Download Free PDF. Law of Torts: Psychiatric damage. Anitha Jayamurugan. Download PDF.
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In: Social Issues. The ultimate outcome is unhealthy workforce that is relatively less productive than the relaxed and contented workforce. The business entrepreneurs and the workers alike are faced with the problem of continuous work related stress and thus the policies and decisions are hence regulated by the law. To this end, the common law duty of care is a provision that was designed to hold employers liable for psychiatric related illness that employees suffer and more specifically illness arising because employees are made to work under stressful conditions.
It is well known both that 1 in 4 people will suffer from mental health problems in a given year and that mental health problems are still very much a taboo topic in many countries worldwide. How we treat those with mental health problems says a lot about our society, both in terms of medical or social care and in terms of how the law treats them. So it is disappointing to see that the law on recovering damages for psychiatric injury that was negligently induced is not only complex, it is also full of unnecessary requirements which do not always make sense. There are certainly many problems around the idea of bringing a claim for such an injury, but these are not the same ones being thrown up by the current UK law. Before we start discussing the law it is worth thinking about whether you should be able to bring a claim in negligence when somebody causes you psychiatric injury at all.