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 damages may 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…

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Catastrophic Injuries—Traumatic Brain Injuries (TBIs) Post-Traumatic StressDisorders, and similar events—are a significant aspect of my practice. A catastrophic head injury usually involves an element of brain injury. Diverse questions therefore are raised regarding the injured person’s competence to manage funds as well as the need for caregivers, the prognosis, emotional impact/distress (on the individual as…

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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…

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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…

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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…

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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…

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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…

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