©  2011 MARK LERNER ASSOCIATES, INC.

 

Focus

Traumatic exposure and “psychological fitness”


Dr. Lerner has extensive experience serving

as an expert witness and trial consultant,

for both plaintiffs and defendants.


Empowering Attorneys with Data


Has Your Client Experienced a Personal Psychological Injury?

Substantiating the Psychological & Functional Impact of Traumatic Events


Personal injury refers to both physical and psychological injury or harm as a result of another person's negligence. While physical damages are regularly entertained, there is growing recognition of the need to address psychological harm.


Psychological injury cases frequently center around motor vehicle accidents, workplace accidents, sexual harassment, wrongful termination, assaults and medical malpractice. The most salient questions are whether the plaintiff has been harmed, how so, and what is the proximate cause?


When considering psychological injury, there is confusion today between traumatic stress and Posttraumatic Stress Disorder (PTSD). The former is a normal response to an abnormal event. The latter (PTSD) is a serious psychiatric disorder whereby an individual’s ability to function is signficantly impaired. Regardless whether a client is experiencing a traumatic stress reaction or PTSD, there may very well be other psychological problems/disorders in evidence (e.g., anxiety, depression, anger, etc.).


It is critical when addressing the needs of clients in personal injury cases to determine whether an individual is grappling with a psychological injury and functional impairment.  While monetary compensation may never be enough for psychological damages, it is incumbent upon attorneys to see to it that proven irresponsible acts of another person will pay for rehabilitation and ongoing mental health care for individuals who are psychologically broken.





Appealing a Civil Service Psychological Disqualification 



Have you applied for the position of police officer, correction officer, probation officer, park ranger, state trooper, firefighter or other civil service position and learned that you have been psychologically disqualified?


If you believe that this decision is wrong or capricious, you should appeal this determination. In most jurisdictions, you have a very limited time frame (e.g., 30 days) to initiate your appeal. 


Psychological evaluations for civil service positions typically include both written (i.e., paper and pencil) objective assessment and an oral (i.e., self-report) clinical interview. The former often involve the Minnesota Multiphasic Personality Inventory-2 (MMPI-2), the California Psychological Inventory (CPI), a Candidate Questionnaire (e.g., CPQ; Police Candidate Questionnaire) and the Cornell Index (CI). Additionally, some evaluators will utilize projective measures including the Rorschach, Thematic Apperception Test (TAT) and drawings. The clinical interview is generally a structured series of questions.


Candidates may be psychologically disqualified for a number of reasons. These generally fall under one, or several, of the following areas:


    • Depression

    • Anxiety

    • Poor Judgment

    • Poor Impulse Control

    • Aggressivity

    • Provocativeness

    • Bias (racial or other)

    • Excessive Anger

    • Poor Stress Tolerance

    • Poor Interpersonal Skills

    • Substance Misuse/Abuse/Addition (including alcohol)

    • Suicidality

    • Failure to Adjust to the Psychological Demands of Adulthood



Additionally, maladaptive behaviors are considered. These generally include difficulties in the following areas:

 

    • School

    • Employment

    • Arrests/Summonses

    • Driving Record

    • Psychological History

    • Personal History

    • Interview Data


When appealing a psychological disqualification, candidates are strongly advised to seek the legal advice of an attorney who is experienced in handling civil service cases. An independent psychological evaluation will need to be performed by a clinical/forensic psychologist. 


The independent psychological evaluation will include a review of the entire civil service psychological record and provide additional psychological evidence to be considered in concert with the content of the candidate’s psychological file.  


Finally, whether or not you are intent on pursing employment with the civil service position to which you applied, it is strongly advisable to appeal a psychological disqualification. Such a determination can compromise your ability to secure employment with another entity. By appealing your disqualification and having an independent psychological evaluation conducted, you can have a document in hand that addresses the validity of your disqualification and sets the record straight regarding your current psychological functioning and ability to perform the requisite functions of the job to which you applied.

forensic consultant

Forensic Consultant, Examiner and Treatment Provider


The provision of forensic psychological services includes a variety of roles and functions.


As a Forensic Consultant, Dr. Lerner regularly reviews mental health documentation for the legal community, employers and educators.


As a Forensic Examiner, he evaluates an individual’s functioning and reports findings to the attorney(s), a legal tribunal, an employer, an insurer, or others.


As a Treatment Provider, he provides counseling and/or psychotherapeutic services based on the needs of the client.