Traumatic Brain Injury (TBI) is sometimes manifested in mental injuries, changes in behavior, changes in mental functioning, impairments in judgment including the ability to change or make a Will or Trust, enter into a contract or practice a profession. It is interesting to note that Board-Certification in Psychiatry is by the American Board of Psychiatry…
Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder arising as a result of an emotionally overwhelming experience. In litigation, a forensic psychiatrist is the Expert Witness best trained in making an accurate diagnosis of PTSD, a medical condition. Psychiatrists recognize PTSD in individuals who have suffered a variety of kinds of trauma. The symptom complex…
Because my field is so specialized, I believe it is one of my duties to assist attorneys in preparing direct examination and cross-examination questions for psychiatrists and psychologists testifying as Expert Witnesses, so the attorney can understand that aspect of the case better and elicit testimony informative to the jury. I taught on this specific…
There is no limit on the amount a jury may award for emotional distress / pain and suffering.* The only guidance for the jury is an amount a reasonable person could possibly estimate as fair compensation. Although a psychiatrist may not testify to the value of emotional distress damages, he or she is permitted to…
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…
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…
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…
Psychiatrist vs. Psychologist: How to Decide the Best Choice As An Expert Witness When a medical-legal question has medical aspects to emotional states or behavior, such as chronic pain, traumatic brain injury, permanent physical disability (partial disability or total disability), a psychiatrist by virtue of his or her training[1], will have expertise to understand the…
A psychiatric disability exists when a person is mentally impaired by a psychiatric disorder. Impairment can be partial or total, temporary or permanent, and must be taken in the context of performance of varying types of tasks. For example, can a job be performed (or performance in a particular occupation)? Carrying out tasks of daily living?…
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 case depending…
