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Legal aspects of post-traumatic stress disorder
1Wayne State University Law School, Detroit, Michigan.
The Psychiatric Clinics of North America
|June 1, 1994
Summary
Legal standards for injury claims have expanded to include emotional distress and fear of future illness. Post-traumatic stress disorder (PTSD) is increasingly recognized in civil and criminal law, though its application varies across courts.
Area of Science:
- Legal Medicine
- Psychiatry
- Forensic Psychology
Background:
- Civil law has broadened the definition of compensable injury beyond physical harm.
- Emotional distress, witnessing injury, and fear of future illness are now considered.
- Post-traumatic stress disorder (PTSD) is frequently diagnosed in emotional distress claims.
Purpose of the Study:
- To analyze the evolving legal standards for compensable injury.
- To examine the increasing use of PTSD in civil and criminal legal contexts.
- To discuss the legal implications and varying judicial interpretations of PTSD defenses.
Main Methods:
- Review of legal precedents and case law in civil and criminal proceedings.
- Analysis of diagnostic trends related to post-traumatic stress disorder in legal claims.
- Comparative study of judicial decisions concerning PTSD defenses.
Main Results:
- Legal definitions of injury have expanded to encompass a wider range of emotional and psychological harm.
- PTSD has become a prominent diagnosis in civil claims for emotional distress.
- PTSD is increasingly utilized as a defense in criminal law, with inconsistent judicial outcomes.
Conclusions:
- The legal landscape for injury claims has significantly evolved to include psychological impacts.
- The application and limitations of PTSD as a legal defense require further judicial clarification.
- Discrepancies in court judgments highlight the ongoing challenges in standardizing PTSD's role in law.