This material is
based upon the criteria for malingering which are found in the
Diagnostic and Statistical Manual of Mental Disorders as well
as upon the author's clinical experience.
No single indicator or
group of indicators proves that a person is faking. Psychologists
identify faked symptoms of emotional distress in legal settings
using multiple sources of information. Good practice requires that
these would include behavioral observations, psychodiagnostic
interviews, reviews of medical and psychological records,
performance data (such as school grades and work performance
reviews) and psychological test procedures specifically designed to
measure faking.
 | Litigant was
referred by an attorney to a mental health expert for an examination |
| No history of
mental health treatment or evaluation prior to referral for same by
an attorney |
| Litigant
claims severe emotional distress but appears psychologically normal |
| Medical
records indicate discrepancy (in either direction) between
litigant's report of emotional distress and objective findings |
| Medical
records suggest that litigant's complaints are "unusual",
"atypical", "unexplained" or "inconsistent with known disorders" |
| In pain case,
litigant claims highest severity of pain possible |
| In pain case,
litigant presents self as psychologically "perfect" |
| (free from
all psychological symptoms or shortcomings, even those that most
people would endorse) Litigant claims severe emotional distress but
doesn't seek mental health treatment |
| Litigant
cancels one or more appointments for mental health treatment or
evaluation |
| Litigant
appears late for one or more appointments for mental health
treatment or evaluation |
| Litigant
uncooperative during medical or psychological examination |
| Litigant
fails to follow prescribed treatment plan |
| Diagnosis of
"Antisocial Personality Disorder" in litigant's medical record
|
