Blogs

Forensic psychologists can significantly increase damages and awards in class

Wed, 20 Jul 2011 09:45:40 -0700

Forensic psychologists can significantly increase damages and awards in class-action and mass tort cases. This is an area of damages often ignored by attorneys; there is a sense that it will affect little change in the outcome of the settlement and that is not feasible and cost-effective to evaluate hundreds of plaintiffs in a timely and efficient fashion. At the Atrium, we have nearly one h...

Increasing Damages in Class Action/ Mass Tort Cases

Wed, 20 Jul 2011 09:46:05 -0700

Forensic psychologists can significantly increase damages and awards in class-action and mass tort cases. This is an area of damages often ignored by attorneys; there is a sense that it will affect little change in the outcome of the settlement, or that there is no feasible and cost-effective way to evaluate hundreds of plaintiffs in a timely and efficient fashion. At Atrium, we have nearly ...

Mild Traumatic Brain Injury: Recovery Course And Damages

Wed, 20 Jul 2011 09:38:45 -0700

By Dr. Kimberly Alfano. Ph.D., ABPP

Diagnosing, treating, and managing Mild Traumatic Brain Injury is one of the most complex issues for clinicians and attorneys who deal with this population. It is estimated that 70-90 percent of all treated TBI cases are mild, with approximately 1.4 million emergency department visits annually. According to the CDC, MTBI is a major public health problem and...

Psychology And The Law: Post-Traumatic Stress Disorder in Mild Traumatic Brain Injury

Wed, 20 Jul 2011 09:40:16 -0700

While the word “traumatic” in the term “traumatic brain injury” has been traditionally used to denote a physical trauma, the very nature of a significant accident that leads to brain injury often involves significant emotional trauma as well. It is generally known that psychiatric disorders such as depression are common consequences of traumatic brain injury, both due to direct neurological ef...

Psychological Assessment of Malingering and Symptom Validity:

Wed, 20 Jul 2011 09:35:56 -0700

By Dr. David Pingitore, Ph.D., QME

Plaintiffs and other petitioners often sue for damages due to reported cognitive or emotional impairment. These impairments are often said to be the result of traumatic brain injuries suffered in accidents, toxic exposures or medical procedures. Such impairments can often be subtle, unrecognizable by nonprofessionals and when bona fide, can change a person’s...

A Lawyer’s Guide to Cults

Wed, 20 Jul 2011 09:36:25 -0700

By Dr. Cathleen A. Mann, Ph.D.

The term "cult" is a widely misunderstood term. Certainly, over the years, "cult" as a descriptor has taken a pejorative cast, and is often used lightly and inappropriately by the media and the average person. However, I will use the term “cult” as a type of shorthand, along with the more euphemistic forms of the term, such as “high demand group or relationship” o...

The “Borderline” Plaintiff: Fascinating for a Psychologist, A Nightmare for an Attorney

Wed, 20 Jul 2011 09:36:50 -0700

By Dr. Martin Williams, Ph.D.

Clinical psychologists may dread treating the patient who is diagnosed with Borderline Personality Disorder, often referred to as a “Borderline.” Individuals with Borderline Personality Disorder are among the most difficult, provocative, unstable and, in fact, professionally dangerous patients a psychologist will ever treat. They are professionally dangerous beca...

The Role Of The Expert In The Courtroom

Wed, 20 Jul 2011 09:37:10 -0700

By Dr. Stephen M. Raffle, M.D.

The courtroom is a special place with special rules that must be understood in order for the most effective presentation of the clinical data to occur. The process is adversarial, which is generally contrary to the experience of clinicians or academicians. Clinicians are used to being trusted and believed without having to explain in detail the basis for their opi...

Coup Contre Coup (The Neglected Brain Injury)

Wed, 20 Jul 2011 09:42:26 -0700

By Dr. David Allen, Ph.D.

Closed head injury is an extremely frequent occurrence in personal injury cases. According to the CDC, in the United States approximately 1.4 million individuals suffer from this type of trauma each year. By far, the predominant cause of traumatic brain injury is accidents involving motor vehicles and falls.

Symptoms from closed head injury often cause extreme distr...

Victimization and PTSD: Diagnostic and Clinical Challenges

Wed, 20 Jul 2011 09:42:49 -0700

By Dr. Carlos Cuevas, Ph.D.

Posttraumatic stress disorder has its roots in the military and the psychological impact of war on those who endure the trauma of combat. In part due to this history, the diagnostic criteria for PTSD requires that an individual have experienced a traumatic event and that the event instilled intense fear, helplessness or horror. If the experience of the individual i...

Neurocognitive Malingering: The Importance of its Assessment in Criminal and Civil Forensic Evaluations

Wed, 20 Jul 2011 09:43:09 -0700

By Dr. Alexander C. Duncan, Psy.D.

Malingering is the intentional fabrication or gross exaggeration of symptoms of mental disorders in order to achieve an identifiable goal. Mental health professionals who conduct forensic evaluations should assess the examinee’s response style, and consider the possibility of malingering, given the external motivation for many examinees to appear impaired. Exa...

Understanding Work-Related Emotional Distress

Wed, 20 Jul 2011 09:46:26 -0700

By Dr. Joni E. Johnston, Psy.D.

The next time you’re at a party, count how many pleasantries you exchange before the topic of work arises. I’d lay some pretty good odds that “what do you do” is a heavy favorite as the question most likely to follow the initial glad-handing and introductions. In a nation where 44 percent of Americans call themselves “workaholics,” work is a fundamental determi...

Symptom Magnification & Waddell's Behavioral Signs

Wed, 20 Jul 2011 09:46:49 -0700

By Dr. Joshua Kirz, Ph.D.

For many individuals that sustain an injury, there is a close correlation between subjective complaints and objective pathology. Since most physicians are trained in treating physical pathology, the outcome of treatment is usually satisfactory for all concerned.

For some patients, however, there appears to be a significant disparity between subjective complaints and obj...

The Psychiatric Autopsy and Its Application in Law

Wed, 20 Jul 2011 09:47:14 -0700

By Dr. Nathan Lavid, M.D.

At first blush, “Psychiatric Autopsy” appears to be a misnomer. The historical mainstay of psychiatric assessment and treatment is the psychiatric interview and psychotherapy. Obviously, a decedent is unable to participate in traditional psychiatric assessment. However, death does not preclude a valid psychiatric assessment, and the tool that psychiatrists and other me...

Digital Threats: Emerging Predatory Behaviors in the Workplace

Wed, 20 Jul 2011 09:47:39 -0700

By Dr. Manny Tau, Psy.D.

Human Resources/Risk Managers have become increasingly familiar with violence in the workplace and the warning signs of a threat potential for physical violence. However, malicious, digitally-based threats have appeared in the workplace as a new weapon for the disgruntled employee to perpetrate malice or unwanted pursuit. There have been increasing reports of cyber-stal...

Stalking: the State of the Science

Wed, 20 Jul 2011 09:48:04 -0700

By Dr. Reid Meloy, Ph.D.

Since the behavior of stalking was criminalized in California in 1990, we have seen literature on the topic bolstered by dozens of new studies each year. Although definitions of the crime vary, there seems to be a legal consensus that three elements are necessary: an intentional activity, a threat, and the induction of fear in the victim.

The paradox of stalking is best ...

Psychopharmacology In Court

Wed, 20 Jul 2011 09:48:28 -0700

By Dr. Mohan Nair, M.D.

The perfect storm of insurance restrictions for non-pharmaceutical interventions, combined with the introduction of better-tolerated psychiatric meds, has led to unprecedented use of powerful, prescription drugs among the public. Psychotropics that were formerly reserved for the seriously mentally ill, are now prescribed for milder forms of depression and anxiety.

What ...

The Psychological Autopsy As A Forensic Tool

Wed, 20 Jul 2011 09:49:22 -0700

By Dr. Michael L Peck, Ph.D., ABPP

The Psychological Autopsy is used for research; it functions as a medical-legal
tool to aid in the certification of deaths. It is also a forensic procedure for
both criminal and civil cases. The PA has become an invaluable tool in wrongful death cases, as well as in matters of suicide.

The procedures for a PA include interviews with appropriate informants to...

The Role Of Personality Disorders In Employment Litigation

Wed, 20 Jul 2011 09:49:47 -0700

By Dr. Stefanie Peters, Ph.D.

You may not be familiar with the formal diagnostic term, Personality Disorders, but as a practicing attorney, you undoubtedly have encountered individuals with these conditions. It’s a fair bet that most of those encounters ended unpleasantly. For the plaintiff attorney, these are the clients who come in with a convincing and impassioned recitation of all the wro...

Sexual Abuse: An Addictions Perspective

Wed, 20 Jul 2011 09:50:07 -0700

By Dr. Jeffrey Roth, M.D., FASAM

Sexual abuse cases always hinge on interactions between individuals. Addiction, often unacknowledged, can sometimes provide telltale evidence that changes the outcome of a case. Yet, civil cases of alleged sexual abuse frequently do not consider the implications of a perspective available from addictions medicine. The most relevant aspect of addiction to exami...

Are Adults Faking ADHD for Secondary Gain?

Wed, 20 Jul 2011 09:50:56 -0700

By Dr. Brian K. Sullivan, Psy.D.

Despite general agreement on the importance of symptom validity assessment in medico-legal contexts, the issue as a necessary practice in the examination of college students who show signs of Attention-Deficit/Hyperactivity Disorder was, until 2007, almost entirely neglected. Clinicians had no guidance as to whether , symptom exaggeration might occur in that po...

Determining the Mental Capacity of a Decedent

Wed, 20 Jul 2011 09:51:19 -0700

By Dr. Joyce Vesper, Ph.D.

Forensic psychologists and neuropsychologists regularly give expert opinions about a person’s mental capacity in the criminal, family law and civil courts. The evaluative process involves clinical interviews, psychological/neuropsychological testing, review of the records and interviews with individuals who have personal knowledge of the defendant’s behavior and cogni...

Attention Deficit Hyperactivity Disorder: Legal Implications

Wed, 20 Jul 2011 09:35:25 -0700

By Dr. Michael P. Brannon, Psy.D.

The legal community frequently encounters individuals who are suffering from Attention Deficit Hyperactivity Disorder . Unfortunately, because ADHD is one of the most misunderstood disorders in the psychological system, attorneys don’t always understand its implications, especially as they may relate to mitigation or other important legal issues.

The DSM-IV-TR d...

Optimizing Criminal Defense Dollars in a Shrinking Funding Cycle: Utilizing the Case Consultant

Tue, 06 Sep 2011 20:25:47 -0700

By Dr. Michael Fraga, Psy.D.

With few exceptions, many jurisdictions around the country are limiting defense expenditures across the board; creating extraordinarily difficult situations for attorneys working to assure their clients receive effective representation under the law in accordance with Amendment 5, Trial and Punishment of the U. S. Constitution, Bill of Rights. The ability to secure e...

How To Read A Psychiatric Report

Tue, 06 Sep 2011 20:22:00 -0700

By Dr. Stephen M. Raffle, M.D.

All psychiatric reports evaluate something, but not always the same thing. For example, eligibility for benefits, or fitness to do a job—for HR purposes or wrongful termination litigation. To make sense of the report, the reader must determine what is being evaluated and how it is being done. Psychiatric reports are not created equal. To be meaningful, the diagnose...

Parents of Sexually Abused Children

Tue, 06 Sep 2011 20:17:26 -0700

Much has been written about the emotional trauma experienced by the sexually abused child. According to the National Child Abuse and Neglect Data System, over 85,000 children are sexually abused in America each year. That figure could in reality be much larger, since much abuse goes unreported or unnoticed.

The emotional distress parents endure also runs deep and frequently goes unnoticed. In th...

Autism Spectrum Disorders

Tue, 06 Sep 2011 20:14:09 -0700

By Dr. Nicole Hess, Ph.D.

Autism and other autism spectrum disorders are increasingly common diagnoses for children throughout the world. A growing number of legal matters, including child custody cases, involve at least one child with such a diagnosis. Children with autism experience a wide range of symptoms that can not only complicate the legal process, but can also be impacted by the outc...

Is There Evidence for Mild Traumatic Brain Injury? A Case for the Expert Neuropsychologist

Tue, 06 Sep 2011 20:11:49 -0700

By Dr. Haygoush Kalinian, Ph.D.

One of the most controversial, yet persistently disabling injuries involved in litigation is Mild Traumatic Brain Injury .

Mild Traumatic Brain Injury is typically defined as an injury to the head resulting in brief-or-no loss of consciousness, post-traumatic amnesia, and negative neuroimaging scans. Those suffering mTBI typically experience a range of impairments...

Who Doesn’t Have Posttraumatic Stress Disorder (PTSD)?

Tue, 06 Sep 2011 20:09:54 -0700

By Gerald Cooke, Ph.D., ABPP

Claims of Posttraumatic Stress Disorder in civil litigation have increased in recent years. These are often supported by a letter or report from a therapist and/or an independent evaluator retained by the Plaintiff’s attorney. However, it is important for forensic evaluators, whether retained by the Plaintiff or the Defense, to understand the criteria for PTSD...

Tardive Dyskinesia

Tue, 06 Sep 2011 20:02:26 -0700

Tardive dyskinesia is a serious neurological disorder, characterized by rapid, continual blinking, grimacing, involuntary movements, as well as impaired mobility of the fingers. Elderly patients, especially women, are at greater risk to contract Tardive Dyskinesia. TD appears to arise from damage to the body’s system that uses and processes the neurotransmitter dopamine. Postsynaptic dopaminerg...

PTSD and Ecstacy – It’s Not A Joke

Tue, 06 Sep 2011 20:00:35 -0700

Post-Traumatic Stress Disorder is sometimes difficult to treat; witnessing sexual/physical abuse or injury, or actually suffering from the experience can lead to repeating nightmares, paranoia, sleeplessness, a sense of numbness and flashbacks. A small percentage of people suffering from PTSD never truly recover.

Controversial studies are being performed using the drug MDMA, otherwise known as t...

Post-Traumatic Stress Disorder in Mild Traumatic Brain Injury

Tue, 06 Sep 2011 19:58:15 -0700

By Dr. Mark S. Alfano, Ph.D., ABPP

While the word “traumatic” in the term “traumatic brain injury” has been traditionally used to denote a physical trauma, the very nature of a significant accident that leads to brain injury often involves significant emotional trauma as well. It is generally known that psychiatric disorders such as depression are common consequences of traumatic brain injury, ...

Pain Disorder

Tue, 06 Sep 2011 19:56:51 -0700

By Dr. David Gyepes, Ph.D., JD, QME

Pain Disorder as a psychiatric condition is diagnosed when a patient's preoccupation with pain is consuming and to some extent disabling. The pain becomes the dominating focus of their clinical presentation. The pain itself causes clinically significant dis-stress or impairment.

Pain Disorder is a psychiatric disorder that is a form of somatoform disorder. In ...

Nicotine and Its Effects On The Brain

Tue, 06 Sep 2011 19:55:54 -0700

By Dr. Gil Lichtshein, M.D.

Smoking is the most common method of consuming tobacco and consequently it is the most common substance smoked. The World Health Organization reports that ongoing tobacco use is the leading preventable cause of death worldwide and causes 5.4 million deaths per year.

Nicotine is an alkaloid found in the “nightshade” family of plants and constitutes 0.6-3.0% of the dry ...

Mental Health Experts In Civil Litigation

Tue, 06 Sep 2011 19:54:26 -0700

By Dr. John P. Vincent, Ph.D., ABPP

In civil litigation, a mental health expert can serve as a consultant, a treatment provider or a forensic evaluator. For example, a plaintiff sues his/her employer for emotional damages and a mental health professional is sought to treat these emotional injuries. The attorney may ask the treating professional to prepare a report summarizing the emotional dist...

Kids Who Kill: Attachment Disorder, Antisocial Personality And Violence

Tue, 06 Sep 2011 19:52:41 -0700

By Dr. Terry M. Levy, Ph.D., P.A.

More and more children are failing to develop secure attachments to loving and protective caregivers. These children are left without the most important foundation for healthy development, and are flooding our child welfare and juvenile justice systems with an overwhelming array of problems - emotional, behavioral, social, cognitive, physical and moral.

Children...

Jury Victim Bias

Tue, 06 Sep 2011 19:51:14 -0700

A recent study examined 136 jury cases between 2000 and 2009 involving exposure to toxic chemicals . The jury verdicts show an “indentifiable victim bias” , causing jurors to make more emotional judgements on cases involving single victims. The larger the number of victims, the smaller per capita damages paid by the perpetrator.

This bias, also known as “Scope-Severity Paradox” is seen by observ...

Immigration Psychology

Tue, 06 Sep 2011 19:50:16 -0700

By Dr. Kenneth C. Kenney, Ph.D., MSW

Psychologists can provide a needed service to attorneys and their clients who are involved in the process of immigration. The immigration process presents many challenges to both foreign nationals who seek to settle permanently in the United States and to their loved ones.

The Immigration and Naturalization Service allows applicants to plead emotional and psy...

Ibuprofen and SJS

Tue, 06 Sep 2011 19:48:30 -0700

There has been a great deal of attention paid to Motrin/Advil/Ibuprofen lately and its connection to Stevens-Johnson Syndrome . Ibuprofen is known to the general public to be a safe anti-inflammatory, even at prescription strengths. However, more reports are surfacing of people contracting SJS and TEN through the use of Ibuprofen. SJS and TEN are serious, life-threatening skin diseases that cau...

Understanding Malpractice In The Field Of Psychology, Family Therapy And Counseling

Wed, 20 Jul 2011 09:34:50 -0700

By Dr. Breffni Barrett, Ph.D.

Almost every state in the United States licenses and regulates the practice of psychology, marriage and family therapy, social work, and counseling. There are hundreds of thousands of practitioners in these fields of non-medical treatment of emotional disorders. As the professions grow, there are increasing complaints against these practitioners in the form of ma...

FDA and Avandia

Tue, 06 Sep 2011 19:47:20 -0700

The FDA is under fire from Senate members to ban the use of Avandia, the popular diabetes drug from GlaxoSmithKline. It has been speculated that as many as 80,000 heart attacks have been initiated by the use of Avandia. The FDA is reviewing documents and recommends patients continue taking the medicine for the time being.

AVANDIA is an oral antidiabetic agent which increases insulin sensitivity....

Dilantin and SJS

Tue, 06 Sep 2011 19:45:17 -0700

Dilantin has been used for decades to treat seizures in adults and children, primarily for epilepsy as well as during and after surgeries. The Epilepsy Foundation says that over three million Americans have some form of seizure disorder, with 200,000 new cases diagnosed every year.

Dilantin works by slowing down neural activity in the brain that would otherwise cause a seizure. It is typically p...

Collaboration, Continuous Quality Improvement and Counting Pennies in Correctional Institutions

Tue, 06 Sep 2011 19:43:13 -0700

By Dr. Amanda Ruiz, M.D.

Last week I entered a cell-block in Jailtown, USA. The facility was several decades old, a crumbling fortress of concrete and steel. It sorely needed new paint, air conditioning to alleviate the soaring humidity, and a good old-fashioned scrub down.

Yet that was not what shocked me. I have toured facilities on both coasts and in between; that is the state of affairs of 9...

Child Abuse: A Worklist

Tue, 06 Sep 2011 19:41:55 -0700

There is nothing so tragic as an abused or neglected child. Emotional injuries stemming from this behavior can last a lifetime. Recognizing the signs of abuse or neglect early on can save lives.

Neglect or Physical Abuse may be an issue if the child:

• Is overly compliant, passive, or withdrawn

• exhibits behavior or school performance that suddenly changes

• Has learning difficulties that aren’t ...

Challenging the Reliability of Confessions with Expert Testimony

Tue, 06 Sep 2011 19:40:30 -0700

by Dr. Kenneth J. Weiss, M.D.

Over 200 individuals confessed to the kidnapping and murder of the Lindbergh baby in 1932. They were all rejected as suspects. The man charged with the crime refused to confess—even when offered commutation on the eve of his electrocution in 1936. There was physical evidence linking him to the crime. But what about another group, those who confess and then claim ei...

The Hidden Costs of Post-Traumatic Stress Disorder (PTSD)

Fri, 30 Sep 2011 17:25:17 -0700

By: Dr. Gerald W. Lewis, Ph.D.

As a psychologist I have worked with many individuals suffering from PTSD as a result of warfare, trauma, accidents and injuries. In addition, I have provided expert witness consultation and testimony on a variety of personal injury and workplace involved trauma. What is usually the focus of most litigation is the physical and emotional impact on the victim of t...

Differential Considerations Between Pediatric Neuropsychology and School-Based Psychology

Wed, 07 Dec 2011 13:39:20 -0800

By Paul Beljan PsyD, ABPdN, ABN

The American Board of Pediatric Neuropsychology defines pediatric neuropsychology as a specialty within the field of psychology and related health-care sciences. The emphasis in pediatric neuropsychology is the study and understanding of brain-behavior relationships specifically in children with known or suspected brain injury.

A pediatric neuropsychologist uses s...

Posttraumatic Stress Disorder and Employment Litigation

Wed, 07 Dec 2011 13:46:15 -0800

By Liza H. Gold, M.D.

Claims of Posttraumatic Stress Disorder are made in all types of employment litigation; mental and emotional injuries constitute the bulk of an employer’s exposure. Psychiatric evaluation of PTSD claims in employment litigation often demonstrate that such claims are not supportable. When a damages claim includes a diagnosis of PTSD which cannot be substantiated, plaintiff ...

Psychiatric Impairment Assessment

Wed, 25 Apr 2012 11:35:39 -0700

By Leonard J. Hertzberg, M.D., P.A.

Psychiatric impairment is a major determinant in many individuals' ability to return to work. There exist numerous non-medical factors impacting return-to-work status; these include morale of the work environment, relationship with supervisor, work load and productivity quota in current position, as well as economic prognosis of employer .

Treating clinicians,...

Disability Evaluations and Aging

Wed, 25 Apr 2012 11:40:31 -0700

By Burton E. Rosenblum, Ed.D., Clinical Psychologist, Disability Specialist

Many variables need to be considered when determining the extent and presence of disability. Physical, cognitive and emotional injury influence one another when assessing initial disability level and the ultimate extent of recovery. Age and illness are added factors. A person’s age and stage of life at the time of the ...

The Detection of Malingering During Head Injury Litigation

Wed, 25 Apr 2012 11:33:03 -0700

By Juan Manuel Gutiérrez, Ph.D.

Depending on the source cited, 3 to 10 million head injuries occur each year. However, due to safety advancements in many areas, the number may be around 5 million per year . Whatever the actual magnitude, the costs are staggering; approximately $50 billion per year, just in treatment. Therefore, neuropsychologists are being asked to document not only the presenc...

One Suit Doesn’t Fit All: The Role of Pediatric, Young Adult Clinical and Forensic Neuropsychological Assessments

Mon, 30 Apr 2012 10:23:40 -0700

By Dr. Karen Schiltz PhD

Attorney: “I understand that you tested my client several months ago when she had carbon monoxide poisoning. I see that your report indicated that Maddy suffered from cognitive and emotional symptoms. My law firm is representing Maddy for brain damage and emotional distress. I would like you to evaluate her again. Are you available to testify for us?”

Dr. Schiltz: “Tha...