Psychic Harm Lecture Flashcards
All of the following are correct regarding international infliction of emotional distress torts (IIED), except:
a. The conduct must be extreme and outrageous.
b. The defendant had to intend to cause the harm.
c. The conduct in question causes the plaintiff’s emotional distress.
d. The emotional distress must be severe.
b. The defendant had to intend to cause the harm.
Which of the following is correct in regard to Negligent Infliction of Emotional Distress claims?
a. The plaintiff must prove that the defendant either intended to cause harm or was reckless in their behavior towards the plaintiff.
b. Accepted in all jurisdictions throughout the United States.
c. There is no need to prove intent or reckless behavior to inflict distress.
d. Charges are usually filed in Criminal Court.
e. None of the above.
c. There is no need to prove intent or reckless behavior to inflict distress.
All of the following are generally required in the Foreseeability test of NIED except:
a. The plaintiff was located near the scene of the accident.
b. The plaintiff and victim were closely related to each other.
c. The plaintiff had a direct emotional impact from the shock of learning about the accident, though not physically present.
d. The plaintiff had a direct emotional impact from the sensory and contemporaneous observance of the accident.
e. None of the above.
c. The plaintiff had a direct emotional impact from the shock of learning about the accident, though not physically present.
All of the following were defenses commonly used by employers for a workers injury prior to the implementation of worker’s compensation, except:
a. The employer is not liable because the employee contributed to the problem.
b. The employee’s injury resulted from a negligent act or a mission of a fellow employee.
c. The employee accepted a known risk of Injury when taking the job.
d. The employee has Private insurance and therefore the employer is not liable for medical coverage.
e. None of the above.
d. The employee has Private insurance, and therefore, the employer is not liable for medical coverage.
Which of the following is correct regarding workers compensation for employee injuries?
a. Because workers compensation is a no fault system, pain and suffering damages are awarded without the employee needing to prove the employer was at fault.
b. The employer is not responsible for injuries that are preexisting and that the workplace may have agrevated or worsened.
c. The employer is responsible if the employee deliberately injuries himself to get off from work.
d. The injury to the employee must arise by accident.
d. The injury to the employee must arise by accident.
An employee accidentally Severs her hand in a meat grinder at work. As a result, she experiences nightmares about the incident and requests workers compensation for a mental Condition. Which category of mental stress claims does this situation best fit?
a. Physical-Mental
b. Mental-mental
c. Mental-physical
d. Physical-physical
a. Physical-Mental
The following statements are true about tort law cases except:
a. Decisions are generally decided in an administrative hearing.
b. Decisions are generally decided by courts and judicial hearings.
c. Demonstration that the defendant was at fault as a requirement except for strict liability cases.
d. Generally compensates a variety of damages to include pain and suffering.
a. Decisions are generally decided in an administrative hearing.
Which of the following stressors is most likely to result in PTSD?
a. Being a victim of an accident.
b. Witnessing someone else being killed.
c. Being a victim of physical assault.
d. Being raped.
e. Attending AAPL board review course.
d. Being raped.
All are pre-trauma vulnerability factors for PTSD except:
a. History of childhood abuse.
b. Parental poverty.
c. Low intelligence.
d. Prior history of PTSD.
e. Male gender.
e. Male gender.
Which of the following is most consistent with feigned memory loss?
a. Inconsistency with testing.
b. Memory improves when questions are labeled “memory testing.”
c. Recognition memory is worse than recall memory.
d. An attitude of trying to please the examiner.
c. Recognition memory is worse than recall memory.
Which of the following is correct in regards to PTSD?
a. Approximately 30% of those exposed to one or more traumatic events will develop PTSD.
b. PTSD prevalence is higher in women than in men.
c. Persons with PTSD are not at higher risk for a comorbid psychiatric disorder.
d. Delayed PTSD occurs in less than 5% of all cases.
e. Being a victim of rape has a subsequent prevalence of PTSD of 9%.
b. PTSD prevalence is higher in women than in men.
What is the modal (Most common) Long term trajectory for people exposed to a PTSD stressor?
a. Chronic.
b. Recovery.
c. Resilient.
d. Delayed.
c. Resilient.
What are the components of an Intentional Infliction of Emotional Distress tort?
- Intentionally or recklessly
- Extreme and outrageous
- Actions caused emotional distress
- Emotional distress is severe
e.g.,, telling someone a loved one is dead when they are not
Tort of outrage, a reasonable person would be upset, an objective standard
What is a negligent Infliction of emotional distress tort (NIED)?
One has a legal duty to use reasonable care to avoid causing emotional distress to another individual.
There is no need to prove intent or reckless behavior to inflict distress.
The elements needed are
1. Impact Rule - physically injurious impact rule
2. Zone of Danger rule - must be close to the accident, high risk of physical impact, and cause fear for their own safety.
Foreseeability Test - “relative bystander” test.
What were the issues and holding in Dillon v. Legg (1968)?
California case. The duty to avoid conduct which might foreseeable harm another can extend to someone beyond the zone of impart or personal danger so long as the emotional injuries were reasonably foreseeable.
It requires three prongs: 1) located near the scene; 2) direct emotional impact; 3) closely related
What is product liability?
Issues of foreseeability arise when an individual suffers emotional distress due to a manufacturer’s negligence.
e.g., glass in baby food
What are the criteria for workers’ compensation?
- Sustain an injury that affects earning power
- The injury has to arise out of employment.
- The injury has to arise “by accident”.
What is the standard for a worker’s compensation claim?
preponderance of the evidence (51%)
What is the typical payout for workers’ compensation?
Up to 2/3 of wages
A worker can also receive payment for medical care, surgery, and burial services
Compensation can be for: 1) permanent total disability; 2) Permanent partial disability; 3) Temporary total disability; 4) temporary partial disability.
What are the three mechanisms for mental injury causation?
- Physical-mental - physical injury causes mental distress
2) mental-physical - physical injury caused by mental distress
3) Mental-mental-mental stress causes mental injury
What was the holding of Carter v. General Motors, Michigan Supreme Court (1960)
Emotional disabilities are compensable under the Workmen’s Compensation Act regardless of whether the cause of such emotional disability is a direct physical injury, a mental shock, or sustained pressure.
Is fault required for workers’ compensation?
No, but Tort Law requires it.
What theory dictates “a person with a preexisting condition that may have increased the likelihood that they could be harmed, but the harm was nevertheless caused by the alleged insult”
Eggshell skull
What theory dictates “a person with a preexisting condition of such severity that they would have ultimately experienced the alleged harm, even without any intervening insult”
Crumbling Skull
