The 4 Ds of Forensic Mental Health Assessments of Personal Injury
Abstract
The field of psychiatric/psychological injury and law concerns tort and other legal claims for injuries sustained in events at issue, such as in motor vehicle accidents (MVAs), worker compensation, or the veteran affairs (VA). The 4 Ds refer to the requirement that legal action in these types of cases can proceed when there is a duty, the duty has been discharged with dereliction, the resultant act has caused directly tortious harm, and damages are applicable. In contrast, the related 4 Cs refer to the conditions of effective forensic testimony. The principles of forensic mental health assessment...
Source: Psychological Injury and Law - July 14, 2016 Category: Medical Law Source Type: research
Evaluating the Reliability of Expert Evidence in Compensation Procedures: Are Diagnosticians Influenced by the Narrative Fallacy when Assessing the Psychological Injuries of Trauma Victims?
Abstract
The current study investigated whether mental health practitioners are influenced by the narrative fallacy when assessing the psychological injuries of trauma victims. The narrative fallacy is associated with our tendency to establish logical links between different facts. In psychodiagnostic assessments, this tendency may result in overdiagnosis of mental disorders when psychological symptoms can be attributed to a traumatic event. Consequently, legal decision makers may be at risk of awarding compensation for psychological injuries which are not severe enough to justify financial reimbursement....
Source: Psychological Injury and Law - July 13, 2016 Category: Medical Law Source Type: research
If It Walks Like a Duck: a Case of Confirmatory Bias
Abstract
Confirmatory bias is an unavoidable source of error in human judgment, which is rooted in the adaptive design of the brain for recognizing meaningful patterns. In forensic psychology, the complete elimination of confirmatory bias is worth aspiring to, but even its substantial reduction is fraught with challenges. In this brief article, I present a vignette from an actual jury trial to illustrate how a seemingly small instance of confirmatory bias led to a major blunder in expert testimony. Also, I consider how it might have been prevented. (Source: Psychological Injury and Law)
Source: Psychological Injury and Law - June 23, 2016 Category: Medical Law Source Type: research
Worst Expert Testimony Ever
Abstract
Much of the literature on expert testimony addresses ways to improve witness credibility. A smaller body of knowledge examines instances of testimony in which the expert makes stylistic or substantive errors. In the present paper, a case of expert testimony is presented in which an expert witness under the duress of strong cross-examinations lost emotional control and spoke inappropriately. The circumstances of the testimony are discussed and alternative paths towards managing such situations are presented. (Source: Psychological Injury and Law)
Source: Psychological Injury and Law - June 20, 2016 Category: Medical Law Source Type: research
Neuropsychological, Psychological, and Vocational Assessment of High Achievers in a Medicolegal Context
Abstract
High achievers are a unique subset of persons referred for neuropsychological and psychological assessments in medicolegal contexts, including personal injury, disability, and workers’ compensation cases. Literature in this area is limited and poorly integrated, and neither a conceptual model nor best evidence-informed practices for the assessment of high achievers in the medicolegal context have yet emerged. Construct and methodological issues also hamper the ability of assessors to accurately and fairly assess this specialist group, which is particularly troubling in high-stakes forensic asse...
Source: Psychological Injury and Law - June 6, 2016 Category: Medical Law Source Type: research
The BDAE Complex Ideational Material —a Measure of Receptive Language or Performance Validity?
< h3 class= " a-plus-plus " > Abstract < /h3 > < p class= " a-plus-plus " > Scores on the Complex Ideational Material (CIM) were examined in reference to various performance validity tests (PVTs) in 106 adults clinically referred for neuropsychological assessment. The main diagnostic categories, reflecting a continuum between neurological and psychiatric disorders, were epilepsy, psychiatric disorders, postconcussive disorder, and psychogenic non-epileptic seizures. Cross-validation analyses suggest that in the absence of < em class= " a-plus-plus " > bona fide < /em > aphasia, a raw score ≤9 or T score ≤29 on the CIM...
Source: Psychological Injury and Law - May 31, 2016 Category: Medical Law Source Type: research
A Meta-Analytic Review of Minnesota Multiphasic Personality Inventory —2nd Edition (MMPI-2) Profile Elevations Following Traumatic Brain Injury
Discussion includes a literature critique given the meta-analytic findings and implications for future study of personality following TBI. < /p > (Source: Psychological Injury and Law)
Source: Psychological Injury and Law - May 31, 2016 Category: Medical Law Source Type: research
Homogenous Base Rates for Malingering in Neuropsychological Examination of Litigants
Abstract
Base rates for malingering are often obtained and averaged across multiple clinicians who apply heterogeneous methods for detection (Mittenberg et al., J Clin Exp Neuropsychol 24: 1094−1102, 2002; Young, Psychol Inj Law 8: 200–218, 2015). Our aims of obtaining homogenous base rates included the following: (a) evaluation of all our legal cases in accordance with the guidelines set forth in the position papers by both the National Academy of Neuropsychology and the Association for Psychological Advancement in Psychological Injury and Law, (b) minimal variation between our comprehensive neuropsy...
Source: Psychological Injury and Law - May 25, 2016 Category: Medical Law Source Type: research
Exploring Options Including Class Action to Transform Military Mental Healthcare and End the Generational Cycle of Preventable Wartime Behavioral Health Crises
This article examines three major options for transforming military mental healthcare in order to end the pattern of self-inflicted and largely preventable wartime behavioral health crises plaguing American veterans, their families, and broader society since the turn of the twentieth century. Evidence is provided that the first option of maintaining the status quo consisting of internal incremental changes has proven largely ineffectual in addressing the broader issues responsible for perpetuating wartime crises. The second option describes necessary transformative changes required to end the cycle of mental health neglect...
Source: Psychological Injury and Law - May 20, 2016 Category: Medical Law Source Type: research
The Self-Report Symptom Inventory (SRSI): a New Instrument for the Assessment of Distorted Symptom Endorsement
Abstract
Self-report instruments to detect distorted symptom reporting play a crucial role in clinical and forensic psychology. Most of the instruments currently available for this purpose only list implausible symptoms, which makes them easily identifiable as symptom validity tests. We developed the Self-Report Symptom Inventory (SRSI), combining five self-report scales of genuine symptoms with five pseudosymptom scales to screen for distorted symptom reporting in various domains (e.g., depression, post-traumatic stress). With a preliminary questionnaire version, we collected data in a heterogeneous samp...
Source: Psychological Injury and Law - May 11, 2016 Category: Medical Law Source Type: research
The Role of Suggestibility in Personal Injury Claims
Abstract
Interrogative suggestibility and other psychological vulnerabilities are often assessed in the forensic criminal context in disputed confession cases. Such an assessment may also be relevant in disputing the validity of a confession by a plaintiff in a tort claim. This paper will outline the relevancy of suggestibility in the personal injury context, the reasons why an individual may falsely confess, how interrogative techniques may increase the likelihood of a false confession, false confession and suggestibility research, and methodology to be used in assessing vulnerability to falsely confessi...
Source: Psychological Injury and Law - May 11, 2016 Category: Medical Law Source Type: research
The BDAE Complex Ideational Material—a Measure of Receptive Language or Performance Validity?
Abstract
Scores on the Complex Ideational Material (CIM) were examined in reference to various performance validity tests (PVTs) in 106 adults clinically referred for neuropsychological assessment. The main diagnostic categories, reflecting a continuum between neurological and psychiatric disorders, were epilepsy, psychiatric disorders, postconcussive disorder, and psychogenic non-epileptic seizures. Cross-validation analyses suggest that in the absence of bona fide aphasia, a raw score ≤9 or T score ≤29 on the CIM is more likely to reflect non-credible presentation than impaired receptive language sk...
Source: Psychological Injury and Law - April 29, 2016 Category: Medical Law Source Type: research
Psychological Testimony and the Daubert Standard
This article reviews those three cases, defines the commitment to evidence-based (scientific) testimony, and explains how psychological ethics and standards should be accommodated. It reviews the major issues that psychologists face in Daubert admissibility challenges. Finally, it makes pertinent recommendations to help avoid the pitfall in dealing with court. (Source: Psychological Injury and Law)
Source: Psychological Injury and Law - April 26, 2016 Category: Medical Law Source Type: research
Workers ’ Compensation Claimants with Low Back Pain: the Role of Dissatisfaction in the Transition to Disability
This study examined the role of dissatisfaction with medical care and employer treatment on disability outcomes among a cohort of workers who had sustained low back injuries. A race-stratified sample of 358 workers (171 African-Americans, 203 Caucasians) with first incident low back pain was evaluated 21 months and again at 72 months after claim settlement. Evaluation included data related to demographics, socioeconomic factors, injury seve rity, claim settlement, satisfaction with workers’ compensation (WC) processes, and disability status. Multinomial logistic regression analysis was used to predict disability status...
Source: Psychological Injury and Law - February 29, 2016 Category: Medical Law Source Type: research
Is It Time for a Behavioral Health Corps ? Ending the Generational Cycle of Preventable Wartime Mental Health Crises—Part 2
Abstract
This paper calls for the creation of a unified, integrated Behavioral Health Corps (BHC). Building on previous publications and government reports, the paper reports on the cycle of bad decisions, indecision, and confusion in learning the lessons of previous war-related behavioral health service shortfalls. It is recommended that a special corps of behavioral health specialists be formed within the military that would apply the lessons learned and focus on constructive solutions to end the generational cycle of preventable wartime behavioral health crises. The paper builds on the findings and con...
Source: Psychological Injury and Law - February 29, 2016 Category: Medical Law Source Type: research
