If you caused the danger or injury;
If the injury or dangerous situation occurred on your property;
If you have a duty of care because your position in relation to the person in danger, eg you are their doctor, teacher, employer etc; or
If you created a duty of care through your actions at the time the person was in danger.
Failing to help a person in danger has now been made a crime in the Northern Territory.
Warin wrote:....
First responders do no have to put themselves in danger. If they think it is dangerous they can refuse to render assistance.
CraigVIC wrote:Can't imagine it happening in any situation where there wasn't insurance. Who would pay?
flingebunt wrote:CraigVIC wrote:Can't imagine it happening in any situation where there wasn't insurance. Who would pay?
Exactly, legal action usually follows the money.
Tekker76 wrote:This country is getting stranger and stranger every day. Wait until aged care nurses jump on the PTSD bandwagon, they see more people die in a year than the police and army combined.
ribuck wrote:If someone chooses a career as a first responder, experiencing distressing things comes as part of the job.
Hallu wrote:I don't understand why it's the driver's insurance that had to pay ? Why isn't it the police insurance ? They were the ones who failed to provide proper psychological care, they were the ones who didn't train him properly or failed to, and they were the one who fired him when he needed help. Weird outcome...
Gadgetgeek wrote:Patient, or insurer? My understanding was that this was purely a component of the driver's CTP.
The plaintiff brings the present action against the defendant pursuant to s 52(2)(b) of the MAIA, which provides that an action may be brought against the insurer alone if the insured person is dead.[2] Ordinarily an action for damages for personal injury arising out of a motor vehicle accident must be brought against the insured person and the insurer as joint defendants.[3]
[156] The plaintiff pleads that a causal connection exists between the negligence of Mr Williams and the plaintiff suffering a psychiatric injury.[167] The primary basis upon which the defendant denies causation is that a duty of care was not owed. The defendant does not suggest that if the duty of care exists, a breach of that duty was not causative of the psychiatric injury suffered by the plaintiff. As it is not disputed that the collision was caused by the negligence of Mr Williams and that the plaintiff suffered a psychiatric injury as a result, it follows from my finding that a duty of care was owed that causation is established.
155] I therefore find that Mr Williams owed the pleaded duty of care to the plaintiff
Avatar wrote:The law cannot be second guessed by the best bush lawyer. It is an a$$. While I've heard of a patient from a vehicle accident claim significant emotional trauma from being exposed to a person dying in the same hospital ward in a TAC claim, this is a novel and imaginatively targetted lawsuit and will be a revelation to insurers. Prepare yourselves for big hikes in your TAC insurance premiums. At least you now know why.
Gadgetgeek wrote:Tekker76 wrote:This country is getting stranger and stranger every day. Wait until aged care nurses jump on the PTSD bandwagon, they see more people die in a year than the police and army combined.
As we learn more about PTSD, the physical changes in the brain are becoming more definable. Aged care nurses have not, to my knowledge, shown a history of substance abuse and depression to a greater degree than the general population.
The reality is that calling PTSD a bandwagon sets a dangerous perception that it is due to a weakness of character, or that the involved somehow could have avoided it. I know many people with some level of PTSD from a variety of stresses. Seeing dead people is actually pretty low on the list of causes. Its something that isn't well understood by the general population, though I recommend everyone look into it more to educate yourself as I think it makes it a lot easier then to have compassion and be supportive of those who need it. One of the biggest contributing factors of treatment and avoiding PTSD is community support, so we would all do better to recognize the possibility of it sooner.
This one of those convos where no matter how much time you take, there is always going to be something that gets left simplified in a way that is not accurate or appropriate. I know some aged care and palliative care nurses, and I couldn't say with a straight face that its an easy job. Just the same, given your last post, you don't see PTSD as an "illness of convenience" At the end of the day, every job has a cost to those who do it, some worth while, and some not. But if we don't bother to look at those costs and weight them appropriately, then there will always be that churn of people who get eaten up. That's everything from mental aspects to physical. Like every truck driver with a compressed spine, tradie with bad knees, or accountant with carpal-tunnel. We all pay for life some way or another.trekker76 wrote:Gadgetgeek wrote:Tekker76 wrote:This country is getting stranger and stranger every day. Wait until aged care nurses jump on the PTSD bandwagon, they see more people die in a year than the police and army combined.
As we learn more about PTSD, the physical changes in the brain are becoming more definable. Aged care nurses have not, to my knowledge, shown a history of substance abuse and depression to a greater degree than the general population.
The reality is that calling PTSD a bandwagon sets a dangerous perception that it is due to a weakness of character, or that the involved somehow could have avoided it. I know many people with some level of PTSD from a variety of stresses. Seeing dead people is actually pretty low on the list of causes. Its something that isn't well understood by the general population, though I recommend everyone look into it more to educate yourself as I think it makes it a lot easier then to have compassion and be supportive of those who need it. One of the biggest contributing factors of treatment and avoiding PTSD is community support, so we would all do better to recognize the possibility of it sooner.
I dont feel PTSD is weakness of character, I am ex army myself. However I am in the camp of those feeling PTSD, like any condition can be misdiagnosed or over diagnosed, particularly in our medical climate of incentivized presciptions and medical liability. Particularly I am sick of mates mildly depressed or burnt out which we attributed a lot to deployment fatigue in the day( which you were given time to overcome, and generally did being the effect was mostly the fact you had done 7x10hr shifts for several months), put onto escalating regimes of tricyclic, hypnotic, sedatives, AP's and becoming suicide risks. This is unccaptable medicine and 'unacceptable science' though I think its more a case of the former as doctors are afraid if they choose conservative methods and don't prescribe the heavy stuff they may be found liable if something goes wrong. The good news is several Veteran orgs and even the US medical systems are taking a hard look now at adverse outcomes , particularly involving early prescription of anti-psychotics. So PTSD has not been an easy road of advances matching compassion and what we think we know about the brain etc, its the usual case of steps backwards and forwards or pursuing wrong pathways in a poorly understood area of science.
As to aged care nurses, its a little more than seeing dead bodies,they nurse people to death they may have known for over a decade and have formed attachments to, recieve a lot of verbal and physical assaults ( psychosis+dementia patients, and verbal from familes as well) , and there is nothing pretty about someone on the way out from cancer, emphysema, or organ failure during a shift.
If these ladies are sucking it up and going about their shifts, (thankfully, since if they weren't it would collapse the medical system) its worth looking at.
north-north-west wrote:What do you mean when you say "illness of convenience"?
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