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.
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Case: Nonaka
v. D'Urso
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Article: In
Treating Patients for Pain, a Racial Gap.
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Article: 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.
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: Vick
v. Northrop Grumman. Neuropsychiatric autopsy of a suicide
in the context of a workers compensation case.
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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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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.
Dr. Bursztajn's testimony is cited in this New Hampshire Supreme
Court decision from 1987.
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Case: Jamie
Claborn Drewry v. Phillip Harwell, M.D.
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Article: Vinal
v. New England Telephone: Admission of PTSD Psychophysiologic
Test Results in a Civil Trial.
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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: Childhood
Abuse and Adult Stress. A study links trauma, depression and
response to anxiety.
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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).
Dr. Bursztajn's pro bono work dealing with PTSD
Historical Context:
Grief & Mourning
Stress
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Article: Calculating
the Benefits of Managing Stress. A Duke University study followed
heart patients for five years and is believed to be the first to
measure the benefits of stress management over a sustained period
and to demonstrate its potential economic benefits.
Neuropsychiatric Autopsy
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Documentary: There's
Something Wrong With Aunt Diane. Dr. Bursztajn participates in
investigating the mysterious tragedy of Diane Schuler. Several reviews
and subsequent interviews with Dr. Bursztajn followed after the initial
airing of the documentary on July 25, 2011.
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Dr. Bursztajn partipated in several documentaries produced for the
Discovery Channel by Atlantic Productions where he performence
neuropsychiatric autopsies on famous historical figures.
Dr. Bursztajn has an active patient care practice and consults to physicians,
institutions, judges, and plaintiff and defense counsel nationally.
