nervous shock


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nervous shock

a phrase used to describe a certain class of claim, usually in negligence, where the plaintiff is not injured in the sense of a physical injury. It is not strictly speaking a medical term but now marks out a certain set of perplexing legal cases where a plaintiff has not suffered direct physical injury, for example, being run down. Instead, the plaintiff claims to have been so affected by the incident in question that he suffers from a recognized medical condition as a result. The ‘floodgates’ fear that there would be an army of lying plaintiffs and crooked lawyers and dubious psychiatrists resulted in a strict approach to recovery, demanding that the plaintiff had to be at or about the scene of the incident that caused the shock. The position has now been reached where nervous shock, mental illness or post-traumatic stress disorder may found a claim if the claimant is a primary victim or alternatively is a secondary victim and can pass the control tests developed in the cases. An example of a primary victim is a person whose ME flared up after being in a minor collision in which he was not physically injured. Secondary cases are where the claimant sees another being injured and the controls operate around three categories which are under review by the Law Commissions:
  1. (1) the relationship of the parties;
  2. (2) the means of perception should be unaided senses; things seen on television are unlikely to trigger recovery, still less a written report;
  3. (3) plaintiffs to be successful should be at or near the scene or at least its aftermath.
References in periodicals archive ?
A LIVERPOOL man who won thousands of pounds in compensation for nervous shock, after seeing his wife "looking like the Michelin man" following a botched operation, is at the centre of a vital legal test case that could cost the NHS millions.
Preventing partners of those killed at work being compensated for nervous shock.
A medical report attributed the death to a cardiac arrest from high blood pressure and nervous shock, according to a report in the capital Manama on Wednesday.
69) The crux of the debate focussed on two competing conceptions of mental harm: one, which was based on medical theory, saw nervous shock asa physical condition caused by a violent shock or collision; the other saw it asa purely mental phenomenon, albeit a poorly understood one.
In Commonwealth countries, the tort of NIED is referred to as nervous shock.
Judge Dearden ordered JPS pay AJC 18,750 dollars in compensation for the mental or nervous shock caused to her.
The 43-year-old, an IT manager, suffered nervous shock and psychological trauma after discovering his son's body.
Mr Marsden suffered nervous shock and psychological trauma after discovering his son's body.
Any time you foul on the your first attempt, you get a nervous shock," he said.
Locals, some of whom scorned and hit Oweid, said the young man takes Artane pills every day, paid for by Fatah, and blamed his condition on nervous shock from when Israel bombed the camp during the Civil War in the 1980s.
He does not consider the slow decline yet dogged persistence of Galenist/humoral theory (positing that too much evacuation or accumulation of semen was pathogenic), nor the rise of an alternative in nerve force theory, holding that nervous energy should not be squandered and that any nervous shock or drain, such as that experienced in orgasm, was the real cause of illness.
A bullied employee could sue you for intentional infliction of nervous shock.