Posttraumatic Stress Disorder in Litigation

Posttraumatic Stress Disorder in Litigation

Author: Robert I. Simon

Publisher: American Psychiatric Pub

Published: 2008-08-13

Total Pages: 269

ISBN-13: 1585627534

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The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.


PTSD and Forensic Psychology

PTSD and Forensic Psychology

Author: Laurence Miller

Publisher: Springer

Published: 2015-02-25

Total Pages: 126

ISBN-13: 331909081X

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In World War I, they spoke of shell shock. By World War II, the term was battle fatigue. Modern understanding of trauma psychology has evolved to give the concept a non-military name: posttraumatic stress disorder. As such, it has been at the heart of civil and criminal cases from workers' compensation to murder. PTSD and Forensic Psychology brings its topic into real-world focus by examining posttraumatic stress as a clinical entity and taking readers through the evaluation process for court cases involving the PTSD syndrome. This timely reference differentiates between PTSD and disorders that may be mistaken for it, and demonstrates its legal application in seeking civil damages and mounting a criminal defense. An evidence-based framework for conducting a trial-worthy evaluation and guidelines for establishing strong cases and refuting dubious ones further illustrate the protocols and challenges surrounding the status of PTSD in legal settings. For maximum usefulness, the book offers courtroom advice for expert witnesses as well as "practice points" at the end of each chapter. Featured topics include: History of the PTSD concept and its relation to the law. PTSD as syndrome: symptoms, diagnosis, treatment. PTSD and other traumatic disability syndromes. PTSD in the civil litigation and criminal justice systems. PTSD as an insanity defense and in claims of diminished capacity. PTSD cases: evaluation, interpretation, testimony. This thorough yet concise analysis makes PTSD and Forensic Psychology the ideal training tool for beginning mental health expert witnesses, as well as a concise practical review and reference source for seasoned forensic psychologists. It will also serve as a useful practice and teaching guide for attorneys, medical rehabilitation professionals, military personnel, psychotherapists, researchers, and educators in the fields of clinical and forensic psychology, criminology, traumatic stress studies, and mental health law.


Posttraumatic Stress Disorder

Posttraumatic Stress Disorder

Author: C. B. Scrignar

Publisher: Bruno Gmuender Gmbh

Published: 1996-01-01

Total Pages: 320

ISBN-13: 9780945032069

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For therapists, forensic clinicians, & lawyers, the third edition reviews the 1994 DSM-IV diagnostic criteria for PTSD & the "Traumatic Principle," examines the latest treatment approaches for PTSD, & evaluates PTSD in personal injury lawsuits & criminal cases. Suggestions for a comprehensive treatment program based on biological, behavioral, & psychosocial theory includes components of pharmacotherapy, cognitive-behavioral, & psychosocial therapy. Whether the victim suffers from an accident, criminal (including sexual) assault, exposure to toxic substances, war, or natural or man-made disasters, quick intervention with a multidisciplinary treatment approach offers the best chance for recovery. Dr. Scrignar, a forensic psychiatrist, educator, & author shares his experiences extending over 35-years of evaluating, treating, & testifying as an expert witness with PTSD patients. Plaintiff & defense attorneys along with forensic clinicians will find the seven chapters on legal issues & PTSD informative & pertinent: Forensic Evaluation, Workers' Compensation, Personal Injury Litigation, The Expert Witness, The Plaintiff & PTSD, The Defense & PTSD, & Criminal Issues. Dr. Scrignar draws from his experiences with cases from the perspective of both the plaintiff & defense to show how the concept of PTSD can be creatively & responsibly applied to civil & criminal law.


Psychological Knowledge in Court

Psychological Knowledge in Court

Author: Gerald Young

Publisher: Springer Science & Business Media

Published: 2006-06-14

Total Pages: 415

ISBN-13: 0387256105

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PTSD, pain syndromes, traumatic brain injury: these three areas are common features of personal injury cases, often forming the cornerstone of expert testimony. Yet their complex interplay in an individual can make evaluation—and explaining the results in court—extremely difficult. Psychological Knowledge in Court focuses on this triad separately and in combination, creating a unique guide to forensic evaluations that fulfills both legal and clinical standards. Its meticulous review of the literature identifies and provides clear guidelines for addressing core issues in causality, chronicity, and assessment, such as: - Are there any definable risk factors for PTSD? - How prevalent is PTSD after trauma? - How do patients’ emotions relate to their pain experience? - Are current pain assessment methods accurate enough? - What is the role of pre-existing vulnerabilities in traumatic brain injury? - What exactly is "mild" TBI?


Psychological Injuries

Psychological Injuries

Author: William J. Koch

Publisher: Oxford University Press

Published: 2006

Total Pages: 329

ISBN-13: 0195188284

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Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions.Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon.A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.


Legal Abuse Syndrome

Legal Abuse Syndrome

Author: Karin Huffer, Dr

Publisher:

Published: 2013-07-22

Total Pages: 0

ISBN-13: 9781481744683

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"Are you ensnared in the judicial system? Fearful, incredulous, isolated, beyond rage ... feeling "alienated" This unique book conjoins law, therapy, and research revealing a subtype of Post-Traumatic Stress Disorder called Legal Abuse Syndrome. Legal Abuse Syndrome helps victims overcome psychological devastation caused by prolonged injustice"--


Post-traumatic Stress Disorder

Post-traumatic Stress Disorder

Author: Chester B. Scrignar

Publisher:

Published: 1988

Total Pages: 344

ISBN-13: 9780945032007

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For therapists, forensic clinicians & lawyers, the third edition reviews the 1994 DSM-IV diagnostic criteria for PTSD & the "Traumatic Principle," examines the latest treatment approaches, & evaluates PTSD in personal injury lawsuits & criminal cases. Suggestions for a comprehensive treatment program based on biological, behavioral, & psychosocial theory includes components of pharmacotherapy, cognitive,-behavioral & psychosocial therapy. Whether the victim suffers from an accident, criminal (including sexual) assault, exposure to toxic substances, war, or natural & manmade disasters, quick intervention with a multidisciplinary treatment approach offers the best chanced for recovery. Dr. Scrignar, a forensic psychiatrist, educator, & author shares his experiences extending over 35 years of evaluating, treating & testifying as an expert witness with PTSD patients. Plaintiff & defense attorneys along with forensic clinicians will find chapters on legal issues & PTSD informative & pertinent: Forensic Evaluation, Workers' Compensation, Personal Injury Litigation, Expert Witness, Plaintiff & PTSD, Defense & PTSD, & Criminal Issues. Dr. Scrignar draws on his experiences with cases from the perspective of both plaintiff & defense to show how the concept of PTSD can be creatively & responsibly applied to civil & criminal law.


Treating Ptsd in First Responders

Treating Ptsd in First Responders

Author: Dr Richard A Bryant

Publisher:

Published: 2021-06-22

Total Pages: 176

ISBN-13: 9781433835599

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Police, firefighters, and paramedics are highly exposed to traumatic events and experience markedly higher rates of PTSD than others in the community, also facing distinct organizational challenges that complicate their stress reactions. Often, this results in needs not addressed in manuals developed for people who have survived single traumatic events. This book provides an overview of theoretical and empirical frameworks for understanding PTSD in first responders and outlines practical, evidence-based approaches to assess and treat PTSD in these populations.