Showing posts with label defense attorney. Show all posts
Showing posts with label defense attorney. Show all posts

Thursday, September 23, 2021

A Horror Story For Insurance Companies




     John Jones gets injured. For this horror story, it doesn’t matter if he was at work or shopping in a supermarket. It doesn’t even matter how the claimed injury occurred or even if he was really injured.

John gets a lawyer to represent his interests. For the sake of discussion, let’s assume the lawyer files the claim saying the injury was psychological or psychiatric.  The lawyer then sends John to a psychologist or a psychiatrist for an evaluation and treatment. The doctor writes a report stating that John had an injury. He begins treatment. The insurance company representing the defendant sends John to another doctor for an opinion. That doctor doesn’t completely concur with John’s lawyer’s doctor but agrees that John was psychologically injured.


     At some later time in the claims process the insurance company pays John some money to compensate him for his injury. John, his lawyer, the insurance company, the defense’s lawyer and both doctors are all happy with the settlement. John has been paid for his damages, the doctors and lawyers have been paid for their services, and the insurance company has paid what they believe is a reasonable amount of money.


     Everyone wins! Or do they? Who loses? Just imagine for a second that the insurance company’s doctor made a mistake in their evaluation. Let’s make it a big mistake, although the size hardly matters. Let’s assume John has successfully exaggerated his injury, or worse yet, faked it entirely. Now there is a loser! No, it’s not the insurance company! They don’t lose because they pass the cost of the claim onto their clients. Every time the insurance company pays out an exaggerated or fraudulent claim the policyholders unjustly pay!


     So along comes another law firm who recognizes the unjust consequences of the insurance company’s doctor’s failure to identify what should have been an easily detected exaggerated or faked claim and files a class action lawsuit on behalf of not only John’s claim, but all the claims that were settled based on inadequate defense doctor evaluations. How much will that class action lawsuit cost the insurance company for failure to use due diligence and good faith? How much will that cost the doctor’s malpractice carriers?


     If you are a defense attorney or a claims adjuster and have what you suspect is a flawed report on your hands, but are not a highly skilled psychiatrist or psychologist, you can prevent making a serious error in judgment and exposing yourself to litigation by getting my analysis of that report. If you’re the defendant in a lawsuit, or represent the defendant who is facing a large loss, settlement and/or increase in their insurance premiums, you can avoid additional costly litigation, including a class action lawsuit by all the insured who have had their premiums wrongly increased as a result of a failure to detect a grossly exaggerated or faked claim by getting an evaluation of the suspected flawed report BEFORE settling the case.


     As regular readers of my monthly newsletter know, I am a Professor Emeritus of Psychology at San Diego State University who has been doing psychological evaluations for over thirty years. During that time I have brought rigorous academic standards to the practice of forensic psychology. In addition to evaluating claims for both claimants and the defense I have specialized in evaluating the credibility of psychiatric and psychological reports. Having read and critiqued between 10,000 and 50,000 reports, in the true fashion of a renegade crusader, on multiple occasions I have fearlessly stepped up and testified that the vast majority are demonstrably substantially flawed to the point of lacking the ability to prove the doctors’ conclusions.


     Additionally, I would like to point out that I have been writing what I call Apricots™ for the last 12 years. An Apricot™ is a work-product privileged report that helps an attorney cross-examine and/or write a trial brief by describing the substantial flaws found in a psych doctor’s report in jargon-free, non-technical language with supporting documentation from the peer-reviewed literature. Apricots™ also provide attorneys with a series of specific questions to ask the doctor that results in getting those flaws into the record despite the doctor’s evasive or non-cooperative behavior.


     Finally, I would like to suggest to you that if you have a case that you suspect is substantially flawed you can send me a copy of that report and I’ll tell you what’s wrong in a free telephone consult at 844-444-8898. At that point you can decide if you want me to write an ApricotTM or go it alone based on the information I gave you. If you decide on the later you can go to my website at DrLeckartWETC.com and download a free copy of my book, Psychological Evaluations in Litigation: A Practical Guide for Attorneys and Insurance Adjusters and use some other resources found there to plan out your strategy. Or, you can ask me to write a report that includes a complete analysis of the flaws with supporting data and professional literature citations as well as a full set of questions that will dismantle the doctor’s testimony during cross-examination. Either way, I’m here to help.







     





Tuesday, September 6, 2016

Cross Examining Psych Doctors - Tip #50-Testing Always Requires a Test Proctor or Supervision

Of all the five sources of information that are obtained about individuals undergoing psychological evaluations, the only form of objective data that is usually open to public inspection and can be presented to the court is the psychological testing data.  Accordingly, the manner in which those data are obtained, scored, analyzed and interpreted are of primary importance.  For example, the testing manual for the MMPI-2 provides information on the administration of the test, including the required testing conditions on pages 8 through 10 of that manual (Butcher, J.N., Graham, J.R., Ben-Porath, Y.S., Tellegen, A., Dahlstrom, W.G. & Kaemmer, B.  MMPI-2 (Minnesota Multiphasic Personality Inventory-2) Manual for Administration, Scoring, and Interpretation, Revised Edition, Minneapolis, University of Minnesota Press, 2001).  The manual very explicitly states that the MMPI-2 should not be given to the test-taker to complete at home and that the instrument should be administered with supervision by a qualified professional.  Most generally, similar “rules” should be followed for all other tests in order to guarantee the credibility of the doctor’s conclusions. 


Friday, July 29, 2016

Cross Examining Psych Doctors - Tip #42-Psychological Factors Affecting Medical Condition
In order to determine if a person has had a psychological injury that determination typically rests on an evaluating physician’s diagnosis of a DSM disorder.  In reading medical-legal reports one sometimes encounters the “diagnosis” of Psychological Factors Affecting Medical Condition.  Unfortunately, this is not a DSM-IV-TR mental disorder.  In contrast, it is considered to be a condition that may become a focus of clinical interest, namely, it might require some attention or perhaps counseling.  Regardless, this condition is specified correctly when one or more psychological or behavioral factors have affected a general medical condition found in the patient.  In order to use this category, there must be information in the form of medical records and psychological data showing that the individual’s signs and/or symptoms are indicative of a specific medical condition and are not completely understandable in terms of the underlying physical pathology and/or an attempted simulation of symptoms.  So, if a physician in a medical discipline, such as orthopedics or internal medicine, has determined that all of the individual’s complaints are understandable in terms of their underlying physical pathology it is not appropriate to specify Psychological Factors Affecting Medical Condition. 


Tuesday, July 26, 2016

Cross Examining Psych Doctors - Tip #41-Causation of Mental Disorders
In order to more effectively deal with medical-legal psych cases it is important to understand the cause of pathology.  In the most general sense, there are four sets of circumstances that can produce mental disorders or psychological injuries.  First, biological factors are known to produce some disorders.  A second set of mental disorders is produced as a result of a physical injury.  The third type of injury is what has sometimes been called a “pure stress injury.”  This is the type of injury where some aversive psychological circumstances in the person’s environment have produced a DSM-IV-TR psychological disorder.  And, of course, there is a fourth set of circumstances, which is simply a combination of the first three factors.  


Wednesday, July 20, 2016

Help With Understanding Psych Reports - A Totally Free Lunch
Here's a reference book to help you better understand the weaknesses in psych reports and to prepare for psych depositions and submit briefs to the court.  It is an alternative to commissioning an Apricot.


The next time you want to know something about a diagnosis, a psych test or a Mental Status Examination just look it up.  Keep in mind that the weakest part of every psych report is the doctor's diagnosis.
Bruce Leckart, Ph.D.
ProfessorEmeritus of Psychology
San Diego State University
(844) 444-8898

Tuesday, July 12, 2016

Deposing Psych Claimants: Exposing Wash-Out Reports
Psych doctors make two kinds of serious errors when writing evaluative reports for the courts. The first is failing to diagnose a disorder that is present. The second is diagnosing a disorder that is not there. Reports with these errors are called “Wash-Outs” and “Wash-Ins,” respectively.

Visit my website: http://drleckartwetc.com/ 


Friday, July 8, 2016

Free MMPI Test Score Validation Service for
Attorneys and Adjusters

The Minnesota Multiphasic Personality Inventory (MMPI) is the gold standard of psychological testing.  The MMPI is well known as a valid and reliable measure of psychopathology.  It is also highly capable of detecting an individual’s credibility, including whether they are trying to depict themselves in an unrealistically favorable light or trying to appear to have symptoms do not exist.  MMPI scores are normally presented in every medical-legal psych report.  However, experience has shown that a large number of those scores are simply not possible for the patient to get, demonstrating that the doctor has made an error in scoring and/or reporting the scores.  Until now the only way to get that information has been to go to the testing manual or one of the many books on the MMPI.  

Here’s the deal!  If you are an attorney that has a medical-legal psych report and you want to know if the scores in the doctor’s report are possible, email me the report or the pages with the scores and I will provide you with a work-product privileged report that will tell you whether those scores are possible or if the doctor has made a fatal error.  No hassle, no fee, no obligation.  Just a convenient and free way of establishing the credibility of the doctor’s data!

(844) 444-8898
drleckartwetc@gmail.com


Tuesday, July 5, 2016

Psych Reports that "Give Away The Store"
Are you a defense attorney who has a psych case where the doctor "gave away the store?"  Or, are you a plaintiff or applicant attorney who has a psych case where the doctor "washed out" your client?  If so, we can provide an Apricot™ that will fix the problem!  Call for a free consultation at 844-444-8898.  No fee, no obligation, no kidding.

Visit my website for free resources: www.DrLeckartWETC.com

Tuesday, June 28, 2016

Cross Examining Psych Doctors - Tip #39-Two Steps To Interpreting an MMPI

The interpretation of an MMPI, an MMPI-2 or an MMPI-2-RF is a two-step process.  The first step involves interpreting the validity scales, which are used to determine if the individual has completed the test in an honest and straightforward manner that allows for the interpretation of the remainder of the scales.  Once that hurdle has been overcome, it is reasonable to interpret the patient’s clinical scale scores, which can provide information about any possible psychopathology and the individual’s personality characteristics.  If that hurdle of the validity scales is not overcome, no statements can be made about the clinical scales or the patient’s psychological status.
Check out my blog (http://drleckart.blogspot.com).  More help can be found at my website (www.drleckartwetc.com) and in my book Psychological Evaluations In Litigation: A Practical Guide for Attorneys and Insurance Adjusters