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Proving Claims of Egregious Emotional Distress

Clinical Interviews and Empirical Psychometric Testing


Mark D. Lerner, Ph.D.

Clinical & Forensic Psychologist


When it comes to proving claims of egregious emotional distress, a comprehensive Forensic Psychological Evaluation is essential. Such evaluations include a clinical interview and the administration of empirical objective psychometric testing to provide greater reliability and validity of the assessment. Additionally, including a forensic measure to determine if plaintiffs are malingering or feigning symptoms further enhances the evaluation's credibility.


The clinical interview plays a critical role in the evaluation process. It allows the psychologist to gather important information about the plaintiff's background, history, and current functioning. By understanding their past, the psychologist can assess the presence and severity of emotional distress and functional impairment.


While clinical interviews provide valuable information, psychometric testing adds an empirical, objective component to the evaluation and should be considered when cases are proceeding to discovery. These tests measure various aspects of the plaintiff's emotional functioning, such as anxiety, depression, anger, and posttraumatic stress. By utilizing standardized measures, psychologists can compare the plaintiff's results to those of a relevant population and determine the severity of their emotional distress. Combining clinical interviews with psychometric testing provides a more robust assessment of the plaintiff's emotional state.


In addition to comprehensive assessment data, demonstrating the proximate cause of the plaintiff's emotional and functional problems is crucial. A forensic psychologist examines the link between the alleged incident and the emotional distress and functional impairment experienced by the plaintiff. This requires a detailed causation analysis, often involving collateral information (e.g., therapist's notes). Through this process, the forensic psychologist can provide an expert opinion regarding the cause of the plaintiff's emotional distress, strengthening the claim's validity.


Forensic psychological evaluation is invaluable in proving claims of egregious emotional distress. These evaluations become more reliable and valid by including comprehensive clinical interview data and empirical objective psychometric testing data. Furthermore, assessing whether plaintiffs are malingering or feigning symptoms adds credibility to the evaluation. Moreover, establishing the proximate cause of emotional distress and functional impairment strengthens the plaintiff's claim.


Ultimately, the use of forensic psychological evaluation provides essential evidence to support claims of egregious emotional distress and sheds light on the impact it has on an individual's emotional and functional well-being.


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