Once liability is established for any tortious act such as those in the caption as well as Wrongful Termination, the issue of damages arises. The damagesmay be expressed in a number of ways but they generally constitute “emotional distress.” Emotional distress may be measured by the need for psychological treatment or the impact on social functioning.
Many different psychiatric illnesses may arise as a result of these tortious acts. The more common ones are depression, anxiety, and relapse of previously quiescent psychiatric conditions, whatever they were. As a psychiatrist with many years experience, I am able to express an expert opinion as to prognosis for various psychiatric conditions. Prognosis is an expression of rate and extent of recovery, which may be converted into a valuation of the injury for the purposes of determining damages. Also at issue is the question of the ongoing impact on the affected person. As an expert, I can describe the impact, although it is up to the trier of facts to assign it a monetary value.