Malingering may occur for many reasons, usually involving self-preservation, but in a forensic context it occurs as an attempt to obtain money, or other reward, by lying. The essential characteristic of malingering is a person’s knowledge that a claim is not true; nevertheless the claim is asserted strongly or with a great deal of attention-getting…
False memory syndrome may occur in a variety of settings, many of which end up in litigation. The litigation may be either civil or criminal. The false memory itself usually occurs during psychotherapy when the therapist suggests to patient that a particular event might have occurred or must have occurred, based upon the patient’s emotional…
There are a disproportionate number of litigants who have Borderline Personality Disorders than exist in the overall population, due to the nature of their behavioral traits. Individuals with Borderline Personality Disorder (BPD) commonly have associated personality disorders such as antisocial personality disorders, which make them more likely to come to the attention of the criminal…
The mind affects the way the body functions just as the body affects the way the mind functions. Psychosomatic Medicine is the study of this interrelationship. Certain aspects of this field are commonly accepted, such as the role of chronic anxiety on blood pressure; other aspects of it are in dispute or are areas of…
A “psychiatric evaluation,” “psychiatric assessment,” “IME” (Independent Medical Evaluation) or “mental evaluation” mean the same thing: a psychiatrist evaluates the psychiatric condition of an individual in the past and/or present, in order to answer specific questions (such as those with legal implications for the person being examined). Elements of the evaluation vary from case to…
Once liability is established for any tortious act such as those in the caption as well as Wrongful Termination, the issue of damages arises. The damagesmay be expressed in a number of ways but they generally constitute “emotional distress.” Emotional distress may be measured by the need for psychological treatment or the impact on social…
Once liability is established for any tortious act such as those in the caption as well as Wrongful Termination, the issue of damages arises. The damagesmay be expressed in a number of ways but they generally constitute “emotional distress.” Emotional distress may be measured by the need for psychological treatment or the impact on social…
Fitness for Duty examinations are asked for in my practice relatively frequently, and Threat Assessments when needed. I have performed more than a thousand, for both public and private entities. Sometimes the exam is requested as a pre-employment evaluation because there is a past history of psychiatric illness including drug or alcohol problems. On other…
Assessment of the impact of undue influence and its effect on limiting a person’s free will in making choices falls within the purview of the forensic psychiatrist. I have evaluated both civil and criminal matters on the issue of undue influence, usually within the rubric of testamentary capacity, but occasionally as an aspect of a…
The question of testamentary capacity or competency in making a Will or Trust is both a psychiatric and medical assessment. Flags go up when a bequest is out of character for the testator, in conflict with stated desires, and earlier estate plans. Undue influence can rear its ugly head. Psychiatrists and psychologists unfamiliar with legal…
