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Tort law surrounding mental injuries is evolving, thanks to the Supreme Court

Thursday, November 30, 2017 @ 9:52 AM | By Patrick Mazurek

To date, our society has tended to view mental illness as somewhat different from physical illness — and, by extension, mental injuries as not quite the same as physical ones. There has been a tendency to be more wary or skeptical of the former, viewing them as inherently subjective problems and/or personal failings. All of this ran parallel to a mind/body distinction that had developed historically in medical and popular thinking.

Until very recently such social attitudes have been largely reflected in the legal realm. Specifically,...