Malingering: Overview and Basic Concepts

Keith, Nicholson; Martelli, Michael F.

doi:10.1007/978-0-387-36445-2_14

Cited by 6 publications

(3 citation statements)

References 98 publications

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“…Even though definitive identification of painrelated malingering is perhaps impossible (Drob et al 2009;Fishbain et al 1999;Nicholson and Martelli 2007;Rogers 1990), malingering is broadly assumed (e.g., Baker 2008;Rochman 1998;Shapiro and Teasell 1998;Yelin 1986;Zanni and Wick 2003). The tendency of practitioners and medicolegal examiners to over-attribute malingering has been termed "malingerophobia", and may approach delusional proportions (Pilowsky 1985).…”

Section: The Legal System and Its Contribution To Sufferingmentioning

confidence: 98%

Whither Suffering? The Potential Impact of Tort Reform on the Emotional and Existential Healing of Traumatically Injured Chronic Pain Patients

Schatman

Sullivan

2010

Psychol. Inj. and Law

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Approximately half of the state legislatures in the USA have enacted tort reform, generally focused on reducing noneconomic damages such as those awarded for pain and suffering of traumatically injured parties. Traumatic injury has been empirically associated with the development of chronic pain, which in turn has been associated with the concept of human suffering. This analysis examines the meaning of suffering within the context of traumatically induced chronic pain, recognizing that this population is at heightened risk of experiencing long-term emotional as well as physical pain. Factors contributing to profound suffering include the potential development of post-traumatic stress disorder, depression and anxiety, role/identity loss, maltreatment by a medical system generally inept in its management of chronic pain, and the negative manner in which personal injury victims are often treated by the legal system. While the American medical system struggles to identify suffering, the legal system-through tort reform-has chosen to simply ignore it, demonstrating little concern for the integrity of the vulnerable chronic pain sufferer. In doing so, the "destructed" chronic painient is further "deconstructed". We argue that by limiting the size of settlements and jury awards, tort reform serves to potentially deny personal injury victims of a critical vehicle for finding meaning in their suffering, and accordingly limits their likelihood of achieving relief.

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Section: The Legal System and Its Contribution To Sufferingmentioning

confidence: 98%

Whither Suffering? The Potential Impact of Tort Reform on the Emotional and Existential Healing of Traumatically Injured Chronic Pain Patients

Schatman

Sullivan

2010

Psychol. Inj. and Law

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“…A literature review revealed that there are no consistent verbal or nonverbal cues related to "lying" that can be detected in clinical interview (DePaulo et al 2003 ). When diagnostic errors in detecting deception are made, they relate more to believing that evaluees are telling the truth (Nicholson and Martelli 2007 ).…”

Section: Morel (2010)mentioning

confidence: 99%

Posttraumatic Stress Disorder: Controversies, Diagnosis, and Malingering

Young

2013

Malingering, Feigning, and Response Bias in Psychiatric/ Psychological Injury

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“…However, what becomes obvious rather quickly is that the DSM follows a criminological model. That is, malingering is construed as an act that is particularly committed by antisocial individuals and thus driven primarily by characterological motivations (Halligan, Bass, & Oakley, 2003;Nicholson & Martelli, 2007;. This echoes traditional notions: "bad" behavior (i.e., feigning) is committed by "bad" people (i.e., those with antisocial features).…”

Section: The Dsm and Feigningmentioning

confidence: 99%

Symptom over-reporting ≠ malingering

Niesten¹

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Malingering: Overview and Basic Concepts

Cited by 6 publications

References 98 publications

Whither Suffering? The Potential Impact of Tort Reform on the Emotional and Existential Healing of Traumatically Injured Chronic Pain Patients

Whither Suffering? The Potential Impact of Tort Reform on the Emotional and Existential Healing of Traumatically Injured Chronic Pain Patients

Posttraumatic Stress Disorder: Controversies, Diagnosis, and Malingering

Symptom over-reporting ≠ malingering

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