Tort Negligence Liability For Mental Harm In Maryland
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FAQ
Intentional infliction of emotional distress (IIED) is a legitimate claim in Maryland, albeit a difficult one to prove. In order to prove IIED, you must show that the conduct was intentional or reckless, was extreme and outrageous, and that the conduct caused you to be severely disabled by the distress.
Emotional distress is recognized as a compensable damage in a California personal injury case. If a victim can prove that he or she suffered emotional distress as an outcome of the accused party's negligence, he or she can recover compensation. Negligence refers to the failure to act with proper care.
Negligent actions by government agencies or employees that lead to emotional distress can also form the basis for a lawsuit. For example, if a government agency fails to provide adequate security measures, resulting in a traumatic event and subsequent emotional distress, a claim may be viable.
In claims of negligently inflicted psychiatric illness, the plaintiff's reaction to a traumatic event is usually measured against a standard of normal susceptibility and disposition. This measurement is used to determine the question of whether the defendant should have reasonably foreseen the plaintiff's injury.
Intentional infliction of emotional distress (IIED) is a legitimate claim in Maryland, albeit a difficult one to prove. In order to prove IIED, you must show that the conduct was intentional or reckless, was extreme and outrageous, and that the conduct caused you to be severely disabled by the distress.
The Court again outlined the elements required to allege negligent infliction of emotional distress: (1) the plaintiff must suffer a physical injury; (2) the plaintiff's physical injury must be caused by the psychological trauma ; (3) the plaintiff must be involved in some way in the event which caused the negligent ...
Maryland law does not recognize the independent tort of negligent infliction of emotional distress. But emotional distress is part of the plaintiff's damages in any case where there is an underlying tort, such as negligence.
Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike with intentional infliction of emotional distress (IIED).
