Citation

Weissman HN. Behav. Sci. Law 1990; 8(1): 67-74.

Copyright

(Copyright © 1990, John Wiley and Sons)

DOI

10.1002/bsl.2370080108

PMID

unavailable

Abstract

The goal of diagnostic examinations in personal injury lawsuits is to ascertain genuineness and substantiality of claimed impairments so that 'damages' can be accurately defined. These examinations require consideration of the potential role of malingering and other deceptive response styles in determining the nature and extent of impairment. Involvement in litigation renders plaintiffs susceptible to stressors and to influences that may lead to increased impairment, biased reportage, and retarded recovery. Underlying personality patterns play a critical role in defining and shaping reactions to trauma, to the stress of litigation, and to treatment interventions. Protracted litigation creates conditions that promote mnemonic and attitudinal distortions, as well as conscious and unconscious motivations for secondary gain. The presence of non-legally relevant factors provides the opportunity for proportionate attribution of causation. An assessment model is proposed for analyzing elements of causation.

Language: en