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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Amputations, nervous shock, skulls caved in, typhus, rats and lice--it's exhausting to imagine the onslaught of it all, but Mason deftly renders every scene in vivid detail.
Makary who tried to commit suicide earlier in August was reported to be suffering from nervous shock and refused to speak to anyone including the police forces investigating the incident.
She was awarded PS25,000 for her "nervous shock" and psychiatric injuries.
"The other guy was going into a nervous shock and that's dangerous," Kris added.
Suspended FIFA President Sepp Blatter wasAaAeAeA hospitalized after sufferi what has been called both "a nervous shock" and a "small emotional breakdown," BBC News reported.AaAeAeA Blatter is expected to make a full recove and remain hospitalized until next Tuesday, BBC News (http://www.bbc.com/sport/0/football/34787547) said.
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.
Experts agree that Rachel would have died within days anyway, because no liver became available, but her parents say the manner of her death caused them 'nervous shock.'.
She had sued for "nervous shock" following the accident, with the court hearing that she had been seriously affected psychologically.
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.
(68) When those early "nervous shock" cases were decided, both medical and legal actors were navigating an emerging field of knowledge.
In Commonwealth countries, the tort of NIED is referred to as nervous shock. As in the United States, the claimant has to be a close relative who is involved in the immediate aftermath of a horrifying event, and sustains foreseeable psychological harm leading to a well-defined psychiatric illness.