Psychological Injury and Law: Editorial on Practice Criteria

The area of psychological injury and law is one that is interdisciplinary, requiring knowledge in multiple areas. Psychologists should acquire the necessary background knowledge before working in it. At the same time, many clinicians encounter these types of cases. Credentialing bodies in states and provinces should consider establishing criteria for working in the area of psychological injury and law. Working groups in each jurisdiction can be established to help create these criteria. The journal Psychological Injury and Law (PIL) and its parent society, the Association for Scientific Advancement in Psychological Injury and Law (ASAPIL), can actively help the field of practicing psychology meet the objectives of this proposal.     

Psychological Injury and Law: Editorial on Truth and Consequences, Psychologists and Attorneys

Psychology and law are established but evolving professions that need to communicate better with each other. In the interface of psychology and law in civil proceedings, such as in cases of psychological injury in tort, psychology can help in arriving at just and fair legal decisions that are appropriate in context. Professionals in the legal and mental health communities will find that the combination of the journal, Psychological Injury and Law, and its housing association, ASAPIL, function as a bridge between the two communities.     

Psychological Injury and Law: Introduction to the First Issue

In this introductory article to the special series of articles written to initiate the new journal, Psychological Injury and Law, I provide the background and impetus for this fast-growing area as a distinct field of scientific study. Professionals working in the area need to be aware of its diverse components, from evidence law and forensic psychology to disability and assessment, to its three core areas of Posttraumatic Stress Disorder and other distress, chronic pain, and traumatic brain injury, as well as issues such as malingering. I provide summaries of the articles in this special series that appear in this inaugural issue. The remaining articles of the special series of articles to introduce the journal are presented in the next two issues.     

Breaking Bad: DSM-5 Description, Criticisms, and Recommendations

The special issue on the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5th edition, American Psychiatric Association, 2013) in the journal Psychological Injury and Law has considered its changes relative to the DSM-IV-TR (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, text revision, American Psychiatric Association, 2000) from both a clinical utility and scientific point of view. Although the manual did not undergo wholesale change, the changes to diagnostic categories relevant to the area of psychological injuries (especially posttraumatic stress disorder, mild traumatic brain injury, and chronic pain) present both practical and forensic conundrums, complicating clinical and legal work in the area. The articles in the special issue number nine (including the present one), and involve ones on the major psychological injuries, as well as personality. Separate articles deal with forensics and ethics, with a final one considering forensic psychiatric work using the DSMs. The authors collectively indicate that the DSM-5 is rife with utility and scientific difficulties, although it still might be used in practice and for court in the context of careful, comprehensive assessments and critical analysis. More importantly, ongoing and future research should be considered in revising the DSM-5. Some of the articles review in depth the extant research on their topics and all make recommendations that are useful. The articles include those (in order in the special issue) by: Zoellner et al. (Psychological Injury and Law, 6, 2013); Biehn et al. (Psychological Injury and Law, 6, 2013); Schultz (Psychological Injury and Law, 6, 2013); Young (2013); Hopwood and Sellbom (Psychological Injury and Law, 6, 2013); Thomas (Psychological Injury and Law, 6, 2013); Gordon and Cosgrove (Psychological Injury and Law, 6, 2013); and an opinion piece by Frances and Halon (Psychological Injury and Law, 6, 2013), the chief chair of the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, American Psychiatric Association 1994).     

Psychological Injury and Law: Journal Policy on Ongoing Debates

This journal, Psychological Injury and Law, has made it a policy to publish articles that are part of ongoing debates. They might not be subject to the standard review process and are published from the perspective that the reader should decide on the merits of the science and arguments presented and that rebuttals, as well, should be allowed in order to make the best scientific case possible. In response to queries, the journal editor describes in depth the review process undertaken for Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008). The journal editor indicated to the reviewers of Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008), that “we let opinions stand even if we do not agree with them, checking uniquely the methodology, data, and science underlying the opinion, and let the scholar writing the rebuttal deal with any differences of opinion, also by addressing methodology, data, and science.” Ben Porath et al. (Psychological Injury and Law 2(2), 2009) have written a rebuttal of Butcher et al., equally reviewed from this perspective.     

New PIL Sections: Aims and Scope

The journal Psychological Injury and Law has added three new sections, increasing the reach of the journal. The three new sections are: Malingering and Symptom Validity Testing, Practice Matters, and State/ Provincial/ International Affairs. The editorial describes the aims and scope of each new section.     

Determining Disability: New Advances in Conceptualization and Research

This special issue of Psychological Injury and Law on disability presents state-of-the-art conceptualization and empirical research that will help psychologists and attorneys in the area of disability determination. This paper constitutes an introduction to and contextualization of the articles in the issue. It focuses on key advances in the field of disability research that are anticipated to move forward the practice of psychological injury and law. These new advances include the following: (1) a theoretical shift toward an integrative and dynamic biopsychosocial framework of health and disability, (2) development of complex multidimensional constructs of motivation, including primary, secondary, and tertiary gains and losses involved in disability claims, (3) increased emphasis on the perception of fairness and justice in disability claims from both psychological and legal perspectives, (4) increased understanding of the functional impact of psychological impairment, (5) inclusion of age-related factors in predicting disability, and (6) the interdisciplinary growth of this field.     

Types of Malingering in PTSD: Evidence from a Psychological Injury Paradigm

Psychological Injury and Law - The extent to which persons may feign or malinger psychological symptoms is an important concern for civil litigation, specifically in the context of personal injury....     

Forensic Assessment of Adults Reporting Childhood Sexualized Assault: Risk,Resilience, and Impacts

Though childhood sexualized assault (CSA) increases risk for varied psychological difficulties, no single condition, syndrome, or set of difficulties is reliably associated with such experiences. CSA likely disrupts or impairs normal development in complex ways that depend on the risk and resilience factors present before, during, and after CSA. CSA characteristics that increase risk for later difficulties include young age, trauma inflicted by another person, number of occurrences, violence or intrusiveness, betrayal of trust, adverse peri-traumatic reactions, negative reactions from others following disclosure, and a context of previous sexualized assault or maltreatment. Resilience increases with positive self-esteem, better intellectual functioning, good self-control, positive social support, and early therapeutic intervention. CSA is associated with impaired psychological development, mental health disorders, behavioural and relationship difficulties, physical health problems, reduced intellectual function, lower educational achievement, lower occupational attainment, and reduced lifetime income. Any particular difficulty may be problematic in its own right and may also contribute to other difficulties in the interlocking domains of individual abilities and attributes, relationships, and significant life activities. In individual forensic assessment cases, general evidence on CSA risk/resilience and impacts can be used in combination with the lifespan developmental analysis (Barnes & Josefowitz, Psychological Injury and Law, 2014), to determine whether and how CSA contributed to psychological injuries.     

Complex Trauma: Missed and Misdiagnosis in Forensic Evaluations

Psychological Injury and Law - Forensic evaluators frequently utilize diagnoses as a way to document the nature and severity of impairment and/or injury in civil and criminal cases despite...     

Neuroscience and Neurolaw

At the intersection of neuroscience and psychological science stands neuropsychology, providing patients, triers of fact, and other parties a quantifiable, evidence-based method for understanding cognitive, emotional, and behavioral changes that occur in the context of injury or disease. The purposes of this special issue of Psychological Injury and Law are to (1) illustrate the ways in which neuroscience, psychological practice, professional ethics, and laws are intertwined in the evaluation and treatment of persons who have been injured or are experiencing a neurological disease, (2) demonstrate the ways in which neuropsychological practice is applied to forensic questions, and (3) promote quality neuropsychological practice and services to patients, courts, and other consumers of neuropsychological services. This special issue provides a sample of the types of ways that practitioners integrate neuroscience and clinical psychology, informed by and consistent with relevant laws and professional ethics, to understand people who have cognitive, emotional, and/or behavioral problems stemming from neurological injuries or other disorders.     

Psychological Injury and Law: Special Issue Epilogue

To conclude the special series in the issue, which marks the end of the first volume of the journal, Psychological Injury and Law, the epilogue highlights its major goals and contributions. The special issue takes the field in more diverse directions. It demonstrates the multiple research and practice foci that are emerging in the field and its interdisciplinarity, from the law and forensics to practice and treatment. The field needs to view the person in context and not from one side or the other of the adversarial divide.     

Why “Trauma-Related Dissociation” Is a Misnomer in Courts: a Critical Analysis of Brand et al. (2017a,b)

Forensic psychologists are sometimes faced with the task of educating triers of fact about the evidential weight of dissociative experiences reported by claimants in litigation procedures. In their two-part essay, Brand et al. (Psychological Injury and Law, 10, 283–297, 2017a; Psychological Injury and Law, 10, 298–312, 2017b) provide advice to experts who find themselves in such situation. We argue that the Brand et al. approach is problematic and might induce confirmation bias in experts. Their approach is not well connected to the extant literature on recovered memories, dissociative amnesia, memory distortions, and symptom validity testing. In some instances, Brand et al. (Psychological Injury and Law, 10, 283–297, 2017a; Psychological Injury and Law, 10, 298–312, 2017b) simplify the current body of knowledge about dissociation; in other instances, they ignore relevant empirical studies to an extent that is worrisome.     

Psychotherapy for Psychological Injury: A Biopsychosocial and Forensic Perspective

This article reviews the predominant psychological approaches to therapy and other treatments in the field of psychological injury. Mostly, they concern cognitive behavior therapy and its variants. However, because of the simultaneous physical injuries or physiological effects that accompany these types of injury, practitioners should adopt an integrated biopsychosocial approach in treatment (Sperry, L., Treatment of chronic medical conditions: Cognitive-behavioral therapy strategies and integrative treatment protocols. Washington, DC: American Psychological Association, 2006; Treatment of chronic medical conditions: Cognitive-behavioral therapy strategies and integrative treatment protocols. Washington, DC: American Psychological Association, 2009). The paper presents a componential model of therapy that integrates the cognitive-behavioral, biopsychosocial, and forensic approaches. More research needs to be undertaken that takes into account the difficulties of conducting therapy with individuals who are expressing psychological injury. This will help in the quest to formulate evidence-based but flexible practice guidelines. The paper concludes with a model that may serve to scaffold the numerous psychotherapies that are available into a more coherent framework.     

Traumatic Brain Injury with Personality Change: a Challenge to Mental Capacity Law in England and Wales

Psychological Injury and Law - It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of...     

新类型侵权行为的责任形态及其规则——对最高人民法院有关人身损害赔偿的司法解释的解读

人身损害赔偿司法解释的公布实施,对于审理人身损害赔偿案件,保护自然人的生命权、健康权和身体权,统一人身损害赔偿标准和计算方法,发挥了重大作用。其中,该司法解释在责任形态方面非常全面,对于一些已经存在的责任形态进行了发展完善,而对于一些责任形态作了创设性规定。掌握这些责任形态不仅有助于理论分析,而且可以指导人身损害司法审判,意义重大。     

Ontario Psychological Association Guidelines for Assessment and Treatment in Auto Insurance Claims

The Ontario Psychological Association Guidelines for Assessment and Treatment in Auto Insurance Claims was published on the Ontario Psychological Association website in July, 2010 (Smith, A., and OPA Auto Task Force, 2010, Ontario Psychological Association Guidelines for Assessment and Treatment in Auto Insurance Claims. Ontario Psychological Association, Toronto, Ontario. Retrieved from http://www.psych.on.ca/files/members/OPA_Auto_Practice_Guidelines_July292010_July_30_2010.pdf). Excerpts are reproduced in the journal because of the comprehensive nature of the document. To our knowledge, this is the first time that state or provincial guidelines have included all the major psychological diagnoses in rehabilitation work with motor vehicle accident survivors (chronic pain, post-traumatic stress disorder, traumatic brain injury, depression). Space limitations preclude publishing of the full document, but it should be consulted. The present excerpt focuses on the nature of the psychological injuries and the best practices in treating them, along with cautions for assessment, comorbidities and polytrauma, litigation distress and barriers and complications in recovery.     

Resource Material for Ethical Psychological Assessment of Symptom and Performance Validity,Including Malingering

The present paper offers resource material for evaluation of malingering, response bias, and symptom and performance validity. The material mostly consists of noncontroversial, paraphrased excerpts from relevant consensus statements, guidelines, codes, books, and articles. The five principles of the American Psychological Association (APA) ethics code were used to integrate the material. In addition, five other principles were needed (e.g., on science). The companion article on a new consensus statement on the ethical use of symptom and performance validity written for the Association for Psychological Advancement in Psychological Injury and Law (ASAPIL) in the journal Psychological Injury and Law (PIL; Bush, Ruff, & Heibronner, 2014) was instigated by and written partly based on the resources described in the present paper. The resources offered in the present paper are divided into the following sections: I. Malingering; II. Related Terms; III. APA Ethics Code; IV. Other Ethics Guidelines; V. Practice Guidelines; VI. Assessment Guidelines; VII. Other Ethical Sources; IX. Biases, Fallacies, Errors; X. Prior SVT-M/PVT-M Statements; XI. A New Ethical Model of Ten Principles; and XII. Instrumentation, and followed by Conclusions. The ten principles of the present ethical guidelines could be used to help revise the APA ethics code. The companion statement constitutes a major advance in the field and the present resource material facilitates its use.     

Assessing the Psychological Well-being and Coping Mechanisms of Law Enforcement Investigators vs. Digital Forensic Examiners of Child Pornography Investigations

Previous research indicates law enforcement investigators and digital forensic examiners working child exploitation cases are at an increased risk for experiencing psychological distress; however, the roles of digital forensic examiners and investigators often overlap substantially when working child pornography cases. Thus, the current study was the first to compare the psychological well-being, job satisfaction, coping mechanisms, and attitudes toward mental health services for individuals working as either digital forensic examiners and/or investigators of child pornography cases. Law enforcement officers were solicited from the Internet Crimes Against Children task force listserv, and based on their current self-reported duties, 20 were classified as digital forensic examiners-only, 71 as investigators-only, and 38 as both digital forensic examiners and investigators of cases involving Internet child pornography. Results showed significant differences between groups; individuals performing both duties scored significantly higher on secondary traumatic stress, higher on feelings of worthlessness, and lower on concentration compared to digital forensic examiners-only. Individuals performing both duties also reported significantly lower scores on job satisfaction compared to investigators-only. Finally, individuals working both duties were significantly more likely to know someone who sought counseling as a result of work-related stress. The study’s mental health implications and future research suggestions are discussed.     

Caregiver Issues and Concerns Following TBI: A Review of the Literature and Future Directions

Psychological Injury and Law - Survival following traumatic brain injury (TBI) has increased following advances in medical care. However, TBI survivors often experience significant deficits in...