Personal Injury
A personal injury is legally defined as a physical or psychological injury caused by someone else’s negligence. This may include accidents, medical negligence, or other incidents such as a fall or aggression, abuse or harassment. A comprehensive psychiatric assessment is required to confirm that a psychiatric injury has occurred and to confirm that the event has caused the psychiatric harm.
Motor Accident
Psychiatric injuries and psychological injuries from motor accidents including anxiety, depression, and post-traumatic stress disorder (PTSD). A psychiatric assessment is required to access CTP or motor accident insurance schemes and to make applications through the relevant state motor accident compensation scheme, eg State Insurance Regulatory Authority (SIRA) in NSW and the Transport Accident Commission in Victoria. To undertake these assessments, the specialist must have completed the relevant training.
Historical Abuse
There is an increasing awareness of the catastrophic harm caused by historical abuse. Historical abuse includes verbal, physical, sexual and emotional abuse. Often cases involve assessment of victims many years after the abuse has ended. The cases we have seen a MedicoLegal Psychiatry include abuse in institutions, by teachers, sports coaches, at youth groups or even by parents. The assessments often require detailed analysis of clinical records and consideration of the harm to relationships, education, employment and quality of life caused by the psychiatric injuries suffered by the victims of abuse.
Medical Negligence
The healthcare system and health professionals have a duty of care to provide appropriate and reasonable care. An injury may arise when there is a breach of the duty of care and the standard falls below the accepted level of care. A psychiatric injury or a psychological injury may occur when a patient suffers an unexpected outcome due to negligence or when a loved one is injured or dies as a result of a breach of the duty of care. A psychiatric assessment is required to confirm the presence of a diagnoseable psychiatric injury and to confirm that it was caused by the medical negligence event.
Institutional Abuse
Since the Royal Commission, awareness of the extent of harm caused by institutional abuse has increased. The abuse described by victims typically includes verbal, physical, sexual and emotional abuse. Of the hundreds of cases we have assessed, most involve assessment of victims many years after their release from Juvenile Justice facilities, Boys’ Homes, Girls’ Homes or foster care facilities. The assessment often requires careful analysis of documents and consideration of the harm to relationships, education and employment caused by the psychiatric injuries suffered by victims of abuse.
Quantum Assessments
Often a psychiatrist will rely of years of clinical and medicolegal experience to assess the impairment caused by a psychiatric injury. Treatment costs are based on an evidence-based treatment plan. Consideration of other costs requires assessment of the extent to which the injured person’s ability to study, work and achieve advancement in their career. The effects on relationships, recreational participation, the need for domestic care and assistance, currently and in the future, all form part of an assessment to support legal consideration of the quantum of damages.