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Substantive Law of Tort - North Glamorgan NHS Trust v Walters.
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Student Number: 171236 Substantive Law of Tort - Part A North Glamorgan NHS Trust v Walters Q1. English law has been prepared to recognise claims for damages for psychiatric injury where it is accompanied by physical injury to the victim, however there is real reluctance to widen liability for pure psychiatric injury. The main reasons for this is "malingering plaintiffs", the fear of opening the floodgates in difficult cases and the fact that psychiatric illness is still a developing area of medicine, an area which is far less understood than physical harm. 1"With the courts operating at the cutting edge of a new science, the difficulties for a system of precedent seeking to establish firm principle are obvious. The continuing struggle with the medical complexities of psychiatric illness and the influence of the policy factors outlined are reflected in the piecemeal development of liability in this area". In pure psychiatric injury cases the...
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