In psychological injury—or “psychic injury”—litigation, plaintiffs may allege emotional distress, trauma, anxiety, depression, or other psychological symptoms resulting from an accident, injury, death, misconduct, or other event. But establishing that a psychological condition exists is only part of the analysis. The court’s questions involve causation and credible answers must account for severity, pre-existing conditions, or symptoms attributable to another source. That is where a forensic mental health expert can provide significant value to attorneys.
Beyond the Diagnosis
A diagnosis alone does not establish a psychological injury caused by the defendant. Forensic psychiatrists, psychologists, and other qualified mental health professionals examine the individual’s psychological history before and after the alleged event. This may include reviewing medical and mental health records, treatment histories, collateral information, psychological testing, and other relevant evidence that points to one’s pre and post incident level of functioning such as school, work or earnings records. The objective is to develop a clinically informed understanding of what changed, when it changed, and what factors may have contributed to that change. None of the above is necessarily easy to do.
Causation: The Devil in the Details
A plaintiff may genuinely be experiencing significant psychological symptoms. The forensic question, however, is whether those symptoms were caused by the event in question. A comprehensive forensic mental health evaluation can help attorneys examine competing explanations. Was the individual experiencing similar symptoms before the incident? Did another significant event occur around the same time? Did symptoms worsen following the alleged injury? What does the treatment record show? Are the individual’s current symptoms consistent with the claimed mechanism of injury? These questions are particularly important when substantial damages are being sought.
Mental Health and Psychosocial Records Can Tell a Much Larger Story
Psychological injury litigation frequently places an individual’s mental health history directly at issue. Records that initially appear unrelated to the litigation may contain important information about prior symptoms, functioning, treatment, or life circumstances. Education, occupational, social security or earnings records can be significant. And sometimes medical insurance billing statements can be helpful as well. The review of these records through a mental health expert’s lens can help identify clinically meaningful information, interpret it within the appropriate context, and translate complex multifaceted material into evidence that can be understood by attorneys, judges, and juries.
Diagnostic Evaluations Are More than an Interview
When forensic mental health consultants have the opportunity to evaluate the client, relevant clinical acumen and the establishment of rapport are key, irrespective of who the hiring entity is. The best information will be obtained by an expert with the ability to put the client at ease in an unfamiliar, highly stressful situation. And a thorough, nuanced evaluation is based on a clinical foundation that informs the interview process. This is why clinical experience with the relevant patient populations and mental health conditions are relevant in expert selection. At Lorio Forensics, the diversity of our team’s training, credentials, and clinical experiences provides just that.
