The MMPI-2 in personal injury evaluations.

2015 ◽  
pp. 115-131
Author(s):  
James N. Butcher ◽  
Giselle A. Hass ◽  
Roger L. Greene ◽  
Linda D. Nelson
Keyword(s):  
Personal Injury

Clinical Update: Pain and Suffering

2003 ◽  
Vol 8 (1) ◽  
pp. 5-5
Author(s):  
Sheila Wendler
Keyword(s):  
Subjective Experience ◽  
Personal Injury ◽  
Treatment Interventions ◽  
Medical Expenses ◽  
Affective Component ◽  
Pain Behaviors ◽  
The Social ◽  
Patient’S Experience ◽  
Pain And Suffering ◽  
And Training

Abstract Attorneys use the term pain and suffering to indicate the subjective, intangible effects of an individual's injury, and plaintiffs may seek compensation for “pain and suffering” as part of a personal injury case although it is not usually an element of a workers’ compensation case. The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, provides guidance for rating pain qualitatively or quantitatively in certain cases, but, because of the subjectivity and privateness of the patient's experience, the AMA Guides offers no quantitative approach to assessing “pain and suffering.” The AMA Guides also cautions that confounders of pain behaviors and perception of pain include beliefs, expectations, rewards, attention, and training. “Pain and suffering” is challenging for all parties to value, particularly in terms of financial damages, and using an individual's medical expenses as an indicator of “pain and suffering” simply encourages excessive diagnostic and treatment interventions. The affective component, ie, the uniqueness of this subjective experience, makes it difficult for others, including evaluators, to grasp its meaning. Experienced evaluators recognize that a myriad of factors play a role in the experience of suffering associated with pain, including its intensity and location, the individual's ability to conceptualize pain, the meaning ascribed to pain, the accompanying injury or illness, and the social understanding of suffering.

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

A Case Study Demonstrating the Utility of Surveillance Video in Assessing Gait Dynamics and Behavior During a Slip and Fall

2020 ◽  
Vol 64 (1) ◽  
pp. 550-554
Author(s):  
Leah S. Hartman ◽  
Stephanie A. Whetsel Borzendowski ◽  
Alan O. Campbell
Keyword(s):  
Human Factors ◽  
Gait Pattern ◽  
Personal Injury ◽  
Objective Data ◽  
Surveillance Video ◽  
Gait Dynamics ◽  
Fall Incident ◽  
The Individual ◽  
And Behavior

As the use of surveillance video at commercial properties becomes more prevalent, it is more likely an incident involving a personal injury will be captured on film. This provides a unique opportunity for Human Factors practitioners involved in forensic investigations to analyze the behavior of the individual prior to, during, and after the event in question. It also provides an opportunity to gather unique and objective data. The present work describes a case study of a slip and fall where surveillance video and onsite measurements were combined and analyzed to quantify a plaintiff’s gait pattern. Using this type of analysis, we were able to determine that the plaintiff was likely aware that the floor was slippery and adjusted her gait and behavior prior to the slip and fall incident.

The Impact of Claims Management, Treatment, and Rehabilitation on Recovery and Return to Independence

2012 ◽  
Vol 7 ◽  
pp. 35-39 ◽  
Author(s):  
Liz Cairns ◽  
Maree Dyson ◽  
Sally Canobi ◽  
Nic Vipond
Keyword(s):  
Financial Performance ◽  
Best Practice ◽  
Personal Injury ◽  
Quality Information ◽  
Client Outcomes ◽  
Evaluation Program ◽  
Accident Compensation ◽  
Serious Injury ◽  
The Impact

The use of contemporaneous evaluation in personal injury insurance enables schemes to maintain and enhance their viability through access to quality information on cost, liabilities and outcomes. Best practice in research programs in the sector requires data on client outcomes and financial performance to be collected. This article presents a case study of the research and evaluation program for the National Serious Injury Service of New Zealand's Accident Compensation Corporation.

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