PTSD (Posttraumatic Stress
Disorder) is a mental disorder that can result from exposure to a
severe traumatic event.
Not everyone exposed to a severe trauma goes on to
develop the full PTSD syndrome. Studies show that about 25% of
individuals exposed to a stressor that meets the DSM-IV
(Diagnostic and Statistical Manual of Mental Disorders, 4th
Edition) stressor severity criterion for PTSD will develop this
disorder. Individuals who have been exposed to prior traumas seem to
develop PTSD at higher rates than those who have no prior traumatic
exposure.
The main symptom of PTSD is repeated
re-experiencing of the traumatic event by means of nightmares,
distressing memories or flashbacks, but other criteria must also be
met before a diagnosis of PTSD can be assigned to an individual.
Lawyers who represent plaintiffs diagnosed with
PTSD may find that their client has been treated or is in treatment
with psychotherapy for PTSD. In their treatment records,
psychotherapists may assign a diagnosis, such as PTSD, to a
traumatized person but will often fail to demonstrate that their
patient meets the full criteria for this disorder.
Psychotherapists typically and appropriately focus
more on treatment of mental disorders than on precise and extended
diagnostic evaluation. In addition, I rarely see, in treatment
records, a consideration of whether a psychotherapy patient might be
exaggerating or faking symptoms of PTSD. It is also quite unusual
for a psychotherapist to administer psychological tests, such as the
Minnesota Multiphasic Personality Inventory (MMPI-2), or to
request that such tests be administered by a professional versed in
their use, in order to identify possible malingering. However, a
psychologist conducting a forensic examination of a litigant
alleging emotional distress following trauma always maintains a
skeptical attitude about a litigant’s symptom description, always
considers the possibility of malingering (especially in PTSD
cases), draws information about the litigant from a wide database
including medical records, psychological tests and interviews and
carefully documents any diagnosis assigned to a litigant.
A lawyer who is litigating or defending a lawsuit
alleging PTSD should carefully weigh the pros and cons of hiring a
forensic expert against those of using a psychotherapist as an
testifying expert.