Abstract
Issues of forensic assessment are encountered on a daily basis by pain practitioners.This article acquaints the pain specialist with the differences among types of forensic cases, and addresses the ethical issues involved in providing assessment and testimony for the court. Particular focus is placed on issues relating to forensic work by the mental health specialist. Levels of assessment are reviewed with reference to the complexity of needed involvement with the legal system, as well as the suggested role of the pain specialist with each type of forensic work. Finally, special assessment issues are addressed, such as reference evaluation of malingering, presentation of data in court, and other specific issues for the practitioner required to make a court appearance.
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References and Recommended Reading
Feueerstein M: Workers’ compensation reform in New York: A proposal to address medical, ergonomic, and psychosocial factors associated with work disability. J Occu Med 1993, 3:125–134.
Guides to the Evaluation of Permanent Impairment. 1997:306-307. Physicians conducting disability assessment should be famililar with each new edition, and content issues are important when addressing issues of work disability.
Joranson DE, Gilson AM: State intractable pain policy: Current status. APS Bull 1997, 7(2):7–9.
American Psychological Association: Ethical Principles of Psychologtists and Code of Conduct. Am Psychol 1992, 12:1–15. Psychologists participating in forensic assessment should be familiar with these guidelines, as well as specific forensic guidelines published by the American Board of Professional Psychology.
American Academy of Psychiatry and the Law: Ethical guidelines for the practice of forensic psychiatry—AAPL guideline. In the American Academy of Psychiatry and the Law Membership Directory 1995:xi–xiv. Psychiatrists participating in forensic assessment should be familiar with these guidelines. They offer a general review of issues relating to consent, striving for objectivity, and qualifications.
American Psychological Association, Committee on Legal Issues: Strategies for private practitioners coping with subpoenas or compelled testimony for client records or test data. Professional Psychology, Research and Practice 1996, 27:245–251.
Melton GB, Petrilla J, Poythress NG, Slobogin C: Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers. New York: The Builford Press; 1997.
Dombroff MA: What is an expert witness? Pain Management 1987, Nov–Dec:59–62.
Melton GB: Expert opinions: "Not for Cosmic Understanding". In Psychology in Litigation and Legislation. Edited by Sales BD, Van den Bos G. Place of Publication: Publisher; 1994:55.
American Psychological Association, Committee on Psychological Tests and Assessment: Statement of the Disclosure of Test Data. American Psychologist 1996, 51:644–648.
Cameron RM: The mental health expert: A guide to direct cross-examination. P12. Criminal Justice Journal 1979, 299:309.
American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, edn 4. Washington, DC; 1994.
Rogers R: Clinical Assessment of Malingering and Deception, edn 2. New York: The Guilford Press; 1997. This text offers the most comprehensive review of research on malingering. Although it does not address pain per se, issues of post-traumatic stress disorder and memory assessment are relevant to the pain population.
Weintraub M: Malingering and conversion reactions. Neurol Clin North Am 1995, Vol 13, No. 2. This issue offers the best review of malingering, conversion, and motivational issues with reference to chronic pain. Particular focus is placed on forensic issues.
Weintraub MI: Medicologeal perspectives. Am J Pain Manage 1992, 2:198–204.
Maloney M: A Clinician’s Guide to Forensic Psychological Assessment. New York: The Free Press; 1985.
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Kulich, R.J. Forensic assessment: Ethical and clinical practice issues for the pain clinician. Current Review of Pain 3, 61–66 (1999). https://doi.org/10.1007/s11916-999-0065-2
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DOI: https://doi.org/10.1007/s11916-999-0065-2