2016
DOI: 10.1007/s00414-016-1366-8
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A novel methodology for the objective ascertainment of psychic and existential damage

Abstract: Personal injury is a legal term for a physical or psychic injury suffered by the plaintiff under civil and/or tort law. With reference to non-pecuniary damages, the evidence itself of physical and/or psychic injury is not sufficient for damage compensation. The process of ascertaining impairments and/or disabilities which pertain to the "personal sphere" of the individual, such as pain and suffering, loss of amenity, and/or psycho-existential damage, poses particular difficulties in relation to the obtainment … Show more

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Cited by 8 publications
(3 citation statements)
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“…For example, the autobiographical Implicit Association Test [aIAT; ( 20 )] and the Concealed Information Test [CIT; ( 21 )] are able to identify liars based on their response time (TR). Concerning malingering detection, the aIAT has been successfully applied to detect whiplash malingering, confirming an accuracy of around 90% ( 22 ), as well as to unveil phantom-limb pain ( 13 ) and psychogenic amnesia ( 16 ). The CIT has been principally used to assess the simulation of amnesia ( 21 ).…”
Section: Introductionmentioning
confidence: 89%
See 1 more Smart Citation
“…For example, the autobiographical Implicit Association Test [aIAT; ( 20 )] and the Concealed Information Test [CIT; ( 21 )] are able to identify liars based on their response time (TR). Concerning malingering detection, the aIAT has been successfully applied to detect whiplash malingering, confirming an accuracy of around 90% ( 22 ), as well as to unveil phantom-limb pain ( 13 ) and psychogenic amnesia ( 16 ). The CIT has been principally used to assess the simulation of amnesia ( 21 ).…”
Section: Introductionmentioning
confidence: 89%
“…Currently, a diagnosis of a psychiatric disorder, including depression, is formulated according to the subjective experience that is reported by the patient and to the observation of signs and non-verbal behavior that are easily manipulated by the individual will to deceive ( 12 ). In other words, the psychic symptom exists because the patient refers to it, and the assessment of malingering is mostly based on clinical judgment ( 13 ). While this aspect is less (or none) than a problem in the clinical setting, in which patients are seeking help for their sufferance and in which malingering itself become a symptom (as in the case of factious disorder or Munchausen syndrome), the forensic context is a quite different situation.…”
Section: Introductionmentioning
confidence: 99%
“…The aIAT has an impressive 91% accuracy rate in identifying those possessing genuine autobiographical memories (108) and has proven effective in uncovering the malingering of whiplash (109), and unveiling phantom limb pain (110). Clearly those genuinely affected by cognitive or psychiatric impairments should have many life memories of experienced symptomology that can be probed.…”
Section: Lie Detectionmentioning
confidence: 99%