Skip to main content

How lawyers can effectively cross-examine psychiatrists and psychologists



G.M. Filisko's article published in July, 2017 ABA Journal states that psychiatrists and psychologists "are among the toughest witnesses to challenge because their testimony can have elements of hearsay as well as subjectivity." 

Filisko further states, "Bruce Leckart, a Los Angeles-based forensic psychologist and professor emeritus of psychology at San Diego State University, has developed a set of rules for cross-examining mental health professionals. One rule is to never ask them about the patient directly but instead confine questions to their report. Another is to always determine whether they have taken a complete history of the patient’s symptoms and complaints to support the diagnosis."    
Read the full article here: http://www.abajournal.com/magazine/article/cross_examine_psychiatrists_psychologists

Comments

Post a Comment

Popular posts from this blog

Psychiatrists and Psychological Testing: A Frequent Nightmare

     As a psychologist who helps attorneys effectively cross-examine psychiatrists and psychologists I frequently have the opportunity to read depositions and trial records.       In those cross-examinations, psychiatrists are often asked about the results of psychological testing that is sometimes completely left out of their examinations and reports.       The most bizarre testimonies are in response to questions about their failure to administer a keystone psychological test, the Minnesota Multiphasic Personality Inventory (MMPI). More often than you might imagine, a psychiatrist will openly testify something like, “I didn’t give an MMPI because I’m not an expert in psychological testing.”       This kind of answer is bizarre because a forensic psychiatrist’s job is to evaluate the patient and arrive at a conclusion about whether or not they have a psychological disorder, and if so, what is it’s likely cause, ...
Post a Comment
Read more

COVID-19 Psychopathology: Normal or Mental Injury?

     It’s no secret that vast numbers of people are getting anxious, depressed and experiencing a variety of psychologically produced physical symptoms as a result of the coronavirus pandemic. One cause of these symptoms is the fear of illness to themselves, relatives and friends. Another cause is the disruption of their lives caused by occupational events such as fellow employees coming down with the illness and the potential of becoming infected as a result. Yet, another cause is the potential of their employer either temporarily or permanently closing their doors resulting in unemployment and an inability to provide for loved ones.       In the area of workers’ compensation, one has to be concerned with whether or not the above-described circumstances constitute a mental health injury as defined by the Labor Code and/or legal regulations. The key here is the definition of a Mental Disorder. In this regard, the DSM-IV-TR is very clear in stating that...
Post a Comment
Read more

It Takes A Renegade Psychologist To Expose Flawed Psych Reports

     I’ve been writing this newsletter and publishing one issue each month since 2009. This is the 140th issue of my newsletter providing what I feel is valuable information for attorneys and insurance adjusters who read medical-legal reports from psychologists, psychiatrists and neuropsychologists. All of my newsletters can be downloaded for free from my website: DrLeckartWETC.com. The motivation for writing these newsletters has been my 30+ years of evaluating approximately 10,000 personal injury and workers’ compensation litigants and my time as a university professor at San Diego State University, during which it has been no secret that psychologists, psychiatrists and neuropsychologists who write medical-legal reports count on not being called on their errors because it is difficult to find a doctor who is willing to stand up and call them on their mistakes. Perhaps they count on their “fraternity” and “sorority” brothers and sisters in the profession not to make wav...
Post a Comment
Read more