Causality of Psychological Injury: Presenting Evidence in Court / Edition 1

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Overview

This sequel to the authors’ Psychological Knowledge in Court offers a welcome expansion on key concepts, terms, and issues in causality, bringing much needed clarity to psychological injury assessments and the legal contexts that employ them.

Focusing on PTSD, traumatic brain injury, and chronic pain (and grounding readers in salient U.S. and Canadian case law), Causality sets out a multifactorial causality framework to facilitate admissibility of psychological evidence in court. Issues concerning malingering are examined in depth, as are clinical gray areas that can jeopardize validity. At the same time, the book clearly explains what lawyers and clinicians need to understand about each other’s work—of crucial importance since the two sides often seem to speak at cross-purposes.

The authors and six guest contributors



• Illustrate the roles of preexisting vulnerabilities, traumatic events, and post-event occurrences in psychological impairment and disability


• Review the literature on PTSD, TBI, and chronic pain for legal relevance


• Identify current challenges and controversies in the field, as well as emerging areas for research


• Recommend methods and instruments for conducting more courtworthy assessments


• Provide a detailed critical review of malingering and related phenomena


• Propose a more accurate, shared terminology of causality


Valid causality judgments are based on sound knowledge of research on large populations and careful testing of individuals; at the same time they must conform to stringent legal standards of relevance and reliability to be accepted for testimony. Forensic practitioners and attorneys will turn to Causality of Psychological Injury as their professional paths increasingly cross in seeking comprehensive and state of the art information.

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Editorial Reviews

Doody's Review Service
Reviewer: Christopher J Graver, PhD, ABPP-CN(Madigan Healthcare System)
Description: Presenting evidence in court can be a daunting challenge both from a scientific and professional standpoint. This book is part of a two-volume series on causality, psychology, and law that has the broad intent of informing psychologists and lawyers about the interaction between mental health and evidence law.
Purpose: The need to keep abreast of the relevant legal standards and expectations has never been more critical and this book aims to provide guidance to psychologists presenting evidence in court as it applies to psychological injury.
Audience: Psychologists appear to be the main audience for this book, but lawyers also may find it of interest to gain a different perspective on psychological injury. Students of these disciplines and anyone involved in presenting evidence in court would find the general legal information helpful.
Features: The information in this book is fairly specific on many topics, but it never becomes tedious. There are introductory and concluding statements for the chapters that help to keep the reader focused on the main points. For novice readers, there is a good introduction to case law regarding evidence in court and a dictionary of terms located in one of the early chapters. The middle chapters cover specific psychological injuries that are common to forensic practice, including posttraumatic stress disorder, chronic pain, and mild traumatic brain injury. In addition to these specific topics, there are more general topics on assessments in a legal context and presenting evidence in court. Finally, there is a fairly robust section on malingering as related to the three main psychological injuries discussed previously. There are plenty of references to court cases that have precedence, as well as other relevant references to the psychological injuries themselves, although the first volume in this series provides a more thorough review of the literature.
Assessment: This is a fantastic introduction to the interface between psychology and the law. It contains enough general information that novices will have a secure foundation before delving into specific topics, and more advanced readers can easily skip ahead to the chapters particular to psychological injury and malingering. It would be folly for anyone involved in presenting psychological evidence in court to be without this volume (and perhaps the first volume as well).
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Product Details

  • ISBN-13: 9781441942142
  • Publisher: Springer US
  • Publication date: 10/29/2010
  • Edition description: Softcover reprint of hardcover 1st ed. 2007
  • Edition number: 1
  • Pages: 648
  • Product dimensions: 6.20 (w) x 9.20 (h) x 1.40 (d)

Meet the Author

Gerald Young, Ph.D., C. Psych., is an Associate Professor in the Department of Psychology at Glendon College, York University, Toronto, Canada. He teaches Rehabilitation Psychology to senior undergraduates. In addition, he is a licensed psychologist in Ontario and Quebec, practicing in rehabilitation, in particular. He is the author or co-author of four books, and multiple chapters and articles. He is a member of Canadian registers in clinical practice and disability assessment. He has undertaken over 1,000 assessments related to rehabilitation and disability claims for psychological injury, including after referral for medicolegal purposes from attorneys, insurance companies, and assessment companies. He is a member of the college policy and planning committee, having served in this function at the university level, as well. For the field of psychological injury and law, he is organizing the first (a) professional association, (b) the first academic journal, (c) the first graduate-level textbook related to the field, and (d) the first book series. Springer is considering supporting these publishing initiatives.

Andrew Kane, Ph.D., ABAP, is a licensed psychologist in private practice in Milwaukee. He is a diplomat of the American Board of Assessment Psychologists, is listed in the National Register of Health Service Providers in Psychology, and is a recipient of the Certificate of Professional Qualification in Psychology of the Association of State and Provincial Psychology Boards. He is a Professor at Wisconsin School of Professional Psychology, an Adjunct Clinical Professor in the department of Psychology at University of Wisconsin-Milwaukee, and an Associate Clinical Professor, Department of Psychiatry and Behavioral Medicine, Medical College of Wisconsin. He is the author or co-author of eight books and some five dozen professional papers and chapters. He served as a member of the Expert Panel on Psychiatric and Psychological Evidence of the Commission on Mental and Physical Disability Law of the American Bar Association, which helped produce the National Benchbook on Psychiatric and Psychological Evidence and Testimony, published by the ABA. He is a former president of the Wisconsin Psychological Association and of its Division of Forensic and Correctional Psychologists. Dr. Kane also served as a member of the board of the Wisconsin Psychological Association's forensic division. He served for ten years as a member of the Ethics Committee of the Wisconsin Psychological Association. Dr. Kane founded the Wisconsin Coalition on Sexual Misconduct by Psychotherapists and Counselors, a national model program. Dr. Kane has served as an expert in more than 3,000 civil cases involving a variety of issues.

Keith Nicholson, Ph.D., C. Psych, has had extensive clinical experience working with many different patient populations. He obtained his Ph.D. in Clinical Neuropsychology from the University of Victoria and, since then, has worked at the Toronto Western Hospital, now part of the University Health Network in Toronto, in addition to working at several community clinics and maintaining a private practice. Dr. Nicholson is now affiliated with the Comprehensive Pain Program at the Toronto Western Hospital. He has a particular interest in the psychology of chronic pain and clinical neuropsychology and has many publications in these and other areas of interest.

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Table of Contents

Chapter 1. Introduction to Causality: Psychological Evidence in Court Gerald Young, Andrew W. Kane, Keith Nicholson.

______________________________________________________________________

Section I.

Causality and Psychological Evidence: Concepts, Terms, Issues.

Chapter 2. Causality in Psychology and Law Gerald Young, Andrew W. Kane.

Chapter 3. Causality: Concepts, Issues, and Recommendations Gerald Young.

Chapter 4. Dictionary of Terms Related to Causality, Causation, Law, and Psychology Gerald Young, Ronnie Shore.

Chapter 5. Multicausal Perspectives on Psychological Injury I: PTSD and MTBI Gerald Young.

Chapter 6. Multicausal Perspectives on Psychological Injury II: Chronic Pain Gerald Young.

Chapter 7. Multicausal Perspectives on Psychological Injury III: Conclusions Gerald Young.

Chapter 8. Pain, Affect, Nonlinear Dynamical Systems and Chronic Pain: Bringing Order to Disorder Gerald Young, C. Richard Chapman.

Chapter 9. Considering Course and Treatment in Rehabilitation: Sequential and Dynamic Causality Douglas Salmon, Marek Celinski, Gerald Young.

Section II.

Causality in Court: Psychological Considerations.
Andrew W. Kane.

Chapter 10. Basic Concepts in Psychology and Law

Chapter 11. Conducting a Psychological Assessment

Chapter 12. Other Psycho-Legal Issues

Chapter 13. Summary and Conclusions

Section III.

Malingering in Psychological Injury: TBI, Pain, and PTSD.
Keith Nicholson, Michael F. Martelli.

Chapter 14. Malingering: Overview and Basic Concepts

Chapter 15. The Effect of Compensation Status

Chapter 16. Malingering: Traumatic Brain Injury

Chapter 17. Malingering: Chronic Pain

Chapter 18. Malingering: Posttraumatic Stress Disorder and Depression

Chapter 19. Malingering: Summary and Conclusions

___________________________________________________________________

Chapter 20. Causation, Psychology, and Law Daniel W. Shuman, Jennifer L. Hardy.

Chapter 21. Conclusions on Causality: Psychological Evidence in Court Gerald Young, Andrew W. Kane, Keith Nicholson.

Sources and Citations

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