Psychology Articles on Post Traumatic Psychological Conditions & Malingering

13 Indicators that a Litigant May be Faking a Mental Injury

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