A comprehensive study based on the liabilities of psychiatric injury and damages in India and foreign jurisdictions
Arnab Kumar Ghosh
Psychiatric Injury is defined as "the branch of medicine that deals with mental, emotional or behavioral disorders". In essence, the practice of psychiatry differs from other medical specialties, which deal primarily with physical ailments and illnesses. As a result, the civil liability of psychiatrists is, as would be expected, in many ways different from that of other professionals. The issue of recovery of damages for negligently inflicted psychiatric damage is wide thought to be not solely extremely ridiculous and illogical, however conjointly in concert of the foremost disputed within the law of torts. On one hand is that the read that psychiatric illness} ought to be treated no otherwise from physical injuries to the person, and damages for the previous should be no less intensive than the latter. On the opposite hand, though, is deep unbelief regarding the truth of conditions sorted together below the label of psychiatric illness, and also the problem of characteristic and segregating truth claimants. English law has invariably tried to follow a fragile middle path with regards to pragmatism and principle, however during this pursuit it finishes up neither here nor there, and ends up wanting obviously inadequate.
Arnab Kumar Ghosh. A comprehensive study based on the liabilities of psychiatric injury and damages in India and foreign jurisdictions. International Journal of Law, Volume 7, Issue 5, 2021, Pages 192-196