Navigating the Legal System After a Motor Vehicle Collision
This article presents a comprehensive review of the requirements of MVC-related litigation and the laws that govern this process, with emphasis placed on Ontario law in effect at the time of writing. Information considered germane to the decision to pursue legal action is reviewed, including the likely settlement amount, length of the legal process, costs associated with legal services and fee agreements that govern remuneration paid to the lawyer. Also described are no-fault regime and civil lawsuit, the two avenues of compensation that injured persons can pursue in an effort to recover losses and obtain the assistance th...
Source: Psychological Injury and Law - July 18, 2018 Category: Medical Law Source Type: research
Reductions in Perceived Injustice Are Associated with Reductions in Posttraumatic Stress Symptoms Among Individuals Receiving Treatment for Whiplash Injury
AbstractResearch has accumulated to suggest that perceived injustice is a risk factor for poor recovery outcomes in individuals with whiplash injuries. The present study examined the relative contributions of treatment-related reductions in perceived injustice and pain severity, in the prediction of reductions in posttraumatic stress symptoms in individuals with whiplash injury. The study sample consisted of 146 individuals (66 women, 80 men) who sustained whiplash injuries in motor vehicle collisions and were enrolled in a multidisciplinary rehabilitation program designed to promote functional recovery following whiplash ...
Source: Psychological Injury and Law - June 28, 2018 Category: Medical Law Source Type: research
Cognitive Impact of Fatigue in Forensic Neuropsychology Context
AbstractPhysical and mental fatigue are common factors affecting function and recovery in litigated injuries and illnesses. Despite the high prevalence of fatigue-related symptoms and anticipated impact on cognitive functioning, forensic neuropsychological assessments are often challenged by the following approaches to the evaluation of fatigue: (1) confusing physical and mental fatigue; (2) referencing fatigue as a factor in existence but disregarding its specific cognitive impact; (3) over-attribution of all identified problems to fatigue; and (4) neglecting the impact of fatigue on effort in testing. In the context of a...
Source: Psychological Injury and Law - June 26, 2018 Category: Medical Law Source Type: research
Beyond Traumatic Brain Injury: Advancing Forensic Neuropsychological Assessment
AbstractAs research on the cognitive impact of medical conditions and mental health disorders advances, it is imperative for forensic neuropsychologists to stay abreast of rapidly accumulating new empirical evidence from neuroscience and neuropsychology to disentangle multiple determinants of cognitive impairment. Although medicolegal neuropsychological assessments traditionally focused on traumatic brain injury (TBI) sequelae, it is equally important to consider the potential impact of any other acquired, or secondarily induced brain impairments, regardless of their source. Such injuries or conditions are at times assumed...
Source: Psychological Injury and Law - June 22, 2018 Category: Medical Law Source Type: research
Impact of Common Mental Health Disorders on Cognition: Depression and Posttraumatic Stress Disorder in Forensic Neuropsychology Context
AbstractThe assessment and diagnosis of posttraumatic stress disorder (PTSD) and depression in forensic evaluations may lack an acknowledgement of the neurocognitive impact of these disorders and how they interact with other causative factors, such as traumatic brain injury (TBI), pain or fatigue. Both PTSD and depression have a complex, growing and consolidating neuroscientific and neuropsychological evidence base, and both can affect neuropsychological test results. In forensic neuropsychological assessments, they are often considered to be confounding factors in evaluating TBI and neurodegenerative disorders but not a s...
Source: Psychological Injury and Law - June 8, 2018 Category: Medical Law Source Type: research
Impact of Tinnitus on Cognitive Function in Forensic Neuropsychology Context
AbstractTinnitus, a common hearing condition encountered in medicolegal evaluations, often but not always in association with traumatic brain injuries, can adversely impact both cognitive and affective functioning and neuropsychological test results. Although it has been traditionally conceptualized as primarily related to cochlear pathology, tinnitus has been seen more recently as a condition involving brain plasticity. Its persistent clinical effect on cognition and affect is compounded by comorbid psychiatric syndromes such as depression. Understanding the impact of tinnitus, a factor often difficult to capture and negl...
Source: Psychological Injury and Law - June 7, 2018 Category: Medical Law Source Type: research
The MMPI-2 L Scale as a Measure of Impression Management After Receiving Test Information: a Case Report
AbstractNormally, high scores on the MMPI L (Lie) scale are associated with underreporting of symptoms. However, in certain circumstances, such as disability applications and personal injury litigation, individuals may be motivated to convey elevated symptomatology in combination with exaggerated portrayals of virtuosity and truthfulness. Information about tests may help guide this impression management pattern. The current case report illustrates these points and demonstrates that acquired information can motivate an individual, under the right circumstances, to increase their endorsement of uncommon virtues. Clinicians a...
Source: Psychological Injury and Law - June 2, 2018 Category: Medical Law Source Type: research
Anoxia-Hypoxia in Forensic Neuropsychological Assessment: Cognitive Impact of Pulmonary Injuries, Respiratory Distress, Cerebral Blood Hypoperfusion, and Major Surgeries
AbstractPulmonary injuries, respiratory distress, blood loss-related cerebral blood perfusion, and major surgeries are common features of medical histories in forensic neuropsychological assessments. Unless the explicit reason for referral is determination of the cognitive impact of one of these adverse medical conditions, their contribution to neuropsychological causality determination can be overlooked, minimized, or misattributed to other causes. Given the underlying common denominator among these conditions, that is, sub-optimal oxygen delivery to the brain, transient or long-term debilitating injuries causing neuropsy...
Source: Psychological Injury and Law - June 2, 2018 Category: Medical Law Source Type: research
The MMPI-2 L Scale as a Measure of Impression Management After Receiving Test Information: a Case Report
AbstractNormally, high scores on the MMPI L (Lie) scale are associated with underreporting of symptoms. However, in certain circumstances, such as disability applications and personal injury litigation, individuals may be motivated to convey elevated symptomatology in combination with exaggerated portrayals of virtuosity and truthfulness. Information about tests may help guide this impression management pattern. The current case report illustrates these points and demonstrates that acquired information can motivate an individual, under the right circumstances, to increase their endorsement of uncommon virtues. Clinicians a...
Source: Psychological Injury and Law - June 2, 2018 Category: Medical Law Source Type: research
The Effectiveness of a Mental Health Court in Reducing Recidivism in Individuals with Severe Mental Illness and Comorbid Substance Use Disorder
AbstractThe current study examined the efficacy of a specialized mental health court in reducing recidivism for severely mentally ill defendants with comorbid substance use disorders. There is a wealth of research supporting the efficacy of mental health courts in reducing recidivism for those with severe mental illness; however, the benefit of these courts for individuals with severe mental illness and comorbid substance use disorders has received limited empirical attention. Participants were 514 defendants enrolled in either a traditional adversarial court or a specialized mental health court. Recidivism was assessed ac...
Source: Psychological Injury and Law - June 1, 2018 Category: Medical Law Source Type: research
Impact of Tinnitus on Cognitive Function in Forensic Neuropsychology Context
AbstractTinnitus, a common hearing condition encountered in medicolegal evaluations, often but not always in association with traumatic brain injuries, can adversely impact both cognitive and affective functioning and neuropsychological test results. Although it has been traditionally conceptualized as primarily related to cochlear pathology, tinnitus has been seen more recently as a condition involving brain plasticity. Its persistent clinical effect on cognition and affect is compounded by comorbid psychiatric syndromes such as depression. Understanding the impact of tinnitus, a factor often difficult to capture and negl...
Source: Psychological Injury and Law - June 1, 2018 Category: Medical Law Source Type: research
Impact of Pain on Cognitive Function in Forensic Neuropsychology Context
AbstractChronic pain is a biopsychosocial condition with a complex neuroscientific and neuropsychological literature. Common types of pain that are seen in the medicolegal context include headaches and musculoskeletal and neuropathic pain, all of which are known to affect neuropsychological test results. Differentiating between the cognitive impact of pain and the effects of traumatic brain injury and other factors, such as emotional distress or fatigue, is often challenging, especially in forensic determinations. Cutting through the polarization of forensic examiners ’ opinions on the significance and nature of chronic ...
Source: Psychological Injury and Law - June 1, 2018 Category: Medical Law Source Type: research
Anoxia-Hypoxia in Forensic Neuropsychological Assessment: Cognitive Impact of Pulmonary Injuries, Respiratory Distress, Cerebral Blood Hypoperfusion, and Major Surgeries
AbstractPulmonary injuries, respiratory distress, blood loss-related cerebral blood perfusion, and major surgeries are common features of medical histories in forensic neuropsychological assessments. Unless the explicit reason for referral is determination of the cognitive impact of one of these adverse medical conditions, their contribution to neuropsychological causality determination can be overlooked, minimized, or misattributed to other causes. Given the underlying common denominator among these conditions, that is, sub-optimal oxygen delivery to the brain, transient or long-term debilitating injuries causing neuropsy...
Source: Psychological Injury and Law - June 1, 2018 Category: Medical Law Source Type: research
