by Mark D. Lerner, Ph.D.
Clinical & Forensic Psychologist
Chairman, The National Center for Emotional Wellness
Defense attorneys often find themselves facing baseless claims of emotional distress. These cases, while burdensome and seemingly frivolous, can significantly impact the credibility and reputation of clients. However, defense attorneys now have a compelling strategy to effectively dismantle such allegations.
Psych Record Review:
involves meticulously scrutinizing psychiatric, psychological, and other mental health evaluations—progress notes, medical records, education records, employment records, witness reports, police reports, and depositions.
enables defense attorneys to identify pre-existing mental health conditions, inconsistencies, and discrepancies that cast doubt on the validity of emotional distress claims. This process can be instrumental in determining whether an event was the proximate cause of the plaintiff's alleged emotional and functional difficulties.
allows defense counsel to identify strengths and weaknesses in clinical documentation, understand empirical psychometric test results, pinpoint critical findings, and pose unsettling questions that mental health experts do not want to hear.
Mark D. Lerner, Ph.D., Clinical & Forensic Psychologist and Chairman and CEO of The National Center for Emotional Wellness, provides defense counsel with precise and impactful questions that can be posed to mental health professionals during depositions and trials.
Unlike a testifying expert or treating therapist, a forensic consultant functions under the cover of the attorney's work product. Since Psych Record Review does not involve evaluation, diagnosis, treatment, or prevention of disorders, it falls outside the scope of the professional practice of psychology, enabling Dr. Lerner to provide confidential consultation services to attorneys nationwide.