Related Experiment Videos
Posttraumatic stress disorder in tort actions: forensic minefield
1Psychiatry Service, Veterans Administration Medical Center, Portland, Oregon 97207.
The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1990
Summary
This study examines posttraumatic stress disorder (PTSD) in personal injury law, highlighting complex issues in tort liability, psychiatric diagnosis, and expert witness ethics. It clarifies the multifaceted nature of these legal and psychiatric challenges.
Area of Science:
- Forensic Psychiatry
- Legal Medicine
- Psychiatric Diagnosis
Background:
- Posttraumatic stress disorder (PTSD) has become a significant factor in personal injury litigation.
- The legal system's increasing reliance on psychiatric evaluations presents complex challenges.
Observation:
- Litigation involving PTSD raises controversies regarding tort liability expansion and the use of psychiatric nomenclature, such as the Diagnostic and Statistical Manual of Mental Disorders (DSM).
- Ethical concerns surrounding psychiatric expert witnesses are prominent in these cases.
- The expansion of tort liability was intended to increase liability insurance, not solely to accommodate stress claims.
Findings:
- The courtroom application of psychiatric diagnostic criteria, including PTSD, occurs despite precautions against forensic use.
- The demand for psychiatric expert witnesses has risen due to judicial encroachment on clinical roles and increased recognition of emotional damages.
- While some psychiatric experts have faced criticism, this does not invalidate the entire profession.
Implications:
- Understanding the complexities of PTSD in litigation is crucial for legal professionals and psychiatrists.
- Clearer guidelines and ethical considerations are needed for psychiatric expert testimony.
- This analysis aims to provide a balanced perspective on the intersection of psychiatry and personal injury law.