Causality of Psychological Injury

Presenting Evidence in Court

Authors: Young, Gerald, Kane, Andrew W., Nicholson, Keith

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About this book

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.

About the authors

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.

Reviews

From the reviews:

"Causality of Psychological Injury: Presenting Evidence in Court is an edited volume with chapters that are not only informative but also well written. The references that I sampled are relevant, useful, and probably as current as any could be in a nonelectronic book … . surely heightens its educational value to clinical and forensic practitioners and should shape corresponding professional thinking and praxis." (Richard W. Bloom, PsycCritiques, Vol. 52 (37), 2007)

"I was delighted to find a concise summary of why third party observers should not be allowed during the course of a forensic neuropsychological examination, touching on such seminal issues as proper test administration, norms, ethical issues as well as legal precedents prohibiting this practice. The summary was so well done. … This information was also quite helpful in formulating the expert affidavit … . I found this volume to be responsive to some very different dilemmas I encountered in my civil practice." (Jerid M. Fisher, Archives of Clinical Neuropsychology, December, 2007)

"Causality of Psychological Injury … addresses issues pertinent to psychological assessment in personal injury cases in a well-organized, comprehensive, and authoritative manner. … The writing is clear and concise, and is useful for both those who wish to expand their practice into this area of forensic psychology, as well as the more experienced forensic psychologist or psychiatrist … . Causality of Psychological Injury fills a serious gap in the forensic psychological literature … . I recommend it without reservation." (Eric G. Mart, Psychological Injury and Law, Vol. 1, 2008)


Table of contents (6 chapters)

  • Dictionary of Terms Related to Causality, Causation, Law, and Psychology

    Gerald Young Ph.D., C. Psych., Ronnie Shore LL.B.

    Pages 87-135

  • Pain, Affect, Nonlinear Dynamical Systems, and Chronic Pain: Bringing Order to Disorder

    Gerald Young Ph.D., C. Psych., C. Richard Chapman Ph.D.

    Pages 197-241

  • The Effect of Compensation Status

    Keith Nicholson Ph.D., Michael F. Martelli Ph.D.

    Pages 411-426

  • Malingering: Chronic Pain

    Keith Nicholson Ph.D., Michael F. Martelli Ph.D.

    Pages 477-500

  • Malingering: Posttraumatic Stress Disorder and Depression

    Keith Nicholson Ph.D., Michael F. Martelli Ph.D.

    Pages 501-508

Buy this book

eBook $109.00
price for USA (gross)
  • ISBN 978-0-387-36445-2
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.00
price for USA
  • ISBN 978-0-387-36435-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $149.00
price for USA
  • ISBN 978-1-4419-4214-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Causality of Psychological Injury
Book Subtitle
Presenting Evidence in Court
Authors
Copyright
2007
Publisher
Springer US
Copyright Holder
Springer-Verlag US
eBook ISBN
978-0-387-36445-2
DOI
10.1007/978-0-387-36445-2
Hardcover ISBN
978-0-387-36435-3
Softcover ISBN
978-1-4419-4214-2
Edition Number
1
Number of Pages
XII, 648
Topics