Emotional & Physical Damages
Forensic psychiatrists evaluate the validity of psychological and emotional
damages by way of providing data for the finder of fact as to causation
and damages across the spectrum of civil litigation ranging from
negligence to employment related issues.
Conscious Pain and Suffering
Claims of conscious pain and suffering may be difficult to support. The
task of the forensic psychiatrist in such cases is to reconstruct
the state of mind along scientifically acceptable principles. The
following cases demonstrate the forensic psychiatric evaluation of
conscious pain and suffering.
Persistent Pain and Well-being
Persistent pain was a commonly reported health problem among primary
care patients and was consistently associated with psychological
illness across centers. Large variation in frequency and the inconsistent
relationship between persistent pain and disability across centers
suggests caution in drawing conclusions about the role of culture
in shaping responses to persistent pain when comparisons are based
on patient samples drawn from a limited number of health care settings
in each culture. [Gureje, Oye, PhD, FWACP, et al, JAMA,
July 8, 1998, Vol 280, p.147]
Post-Traumatic Stress Disorder (PTSD)
The courts recognize Post-Traumatic Stress Disorder as a type of damages.
The cause and effects of PTSD must be distinguished from causes and
effects of other symptoms or conditions. Therefore, the presence
of PTSD can be verified or disclaimed only by a trained evaluator.
The following cases used forensic psychiatric testimony to support
or refute claims of PTSD related injury.
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Case: deVries,
et al. vs Secaucus Fire Department, et al. A landmark civil rights
verdict in a case alleging a town's politicians' failure to protect
a gay couple who were harassed and eventually driven out of their
home next to a fire station in Secaucus. Dr. Bursztajn served as
the plaintiffs' attorneys' retained testifying expert regarding causation,
the nature and extent of the emotional injuries and standards for
reliability and validity for an forensic psychiatric Independent
Medical Examination.
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In the last decade, researchers have convincingly demonstrated that
psychological stress can increase vulnerability to disease and
have begun to understand how that might occur in The
Heavy Cost of Chronic Stress The New York Times, December
17, 2002.
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The Vicious Circle of Stress and
Anticholinesterase Responses
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Surgical Stress, Glucocorticoids,
Cancer, & Antidepressants
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Case: Meador
v. Sidney Stahler, M.D. and Ruben Gheridian, M.D.
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Case: Nonaka
v. D'Urso
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Case: Loukia
Panas and Nicholas Panas v. John Harakis and K-Mart Corporation
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Case: Paul
P. Sullivan & Mary J. McDonald v. Boston Gas Company
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Case: Jamie
Claborn Drewry v. Phillip Harwell, M.D.
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Article: Melatonin
Therapy: From Benzodiazapine-Dependent Insomnia to Authenticity
and Autonomy
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Article: "When
Post-Traumatic Stress Grips Youth"
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Article: "Cytokines
and the Brain: Implications for Clinical Psychiatry"
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Article: "Childhood
Abuse and Adult Stress" A study links trauma, depression
and response to anxiety.
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Article: "Pituitary-Adrenal
and Autonomic Responses to Stress in Women After Sexual and Physical
Abuse in Childhood"
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Article: "Stress
and Vulnerability to Posttraumatic Stress Disorder in Children and
Adolescents"
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Article: "Low
Cortisol and Risk for PTSD in Adult Offspring of Holocaust Survivors"
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International Society
for Traumatic Stress Studies PTSD Treatment Guidelines
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Expert Consensus Guidelines: Treatment
of Posttraumatic Stress Disorder
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Gift from Within is
an International private non-profit organization for survivors dedicated
to those who suffer post-traumatic stress disorder (PTSD).
Historical Context:
Grief & Mourning
Stress
Neuropsychiatry
Brain Imaging
Dr. Bursztajn was among the first experts to be allowed to use brain
imaging in the courtroom to support a forensic neuropsychiatric evaluation
and testimony:
Dr. Bursztajn's pro bono work dealing with PTSD
