Psychological Assessments help explain behavior. Often, such assessments may be an essential way to understand a person's functioning.
How Assessments Can Help
Sometimes, the question of a person's psychological functioning becomes a matter that involves the legal system, including the Probate, District or Superior Courts. Such issues may involve competency, impact of drug or alcohol use or abuse, divorce claims, juvenile matters, CHINS, allegations of child or elder abuse, domestic violence, criminal arrested or other issues.
Forensic psychology is the practice of clinical psychology in the legal arena. Psychological Assessments done for use in the Courts are commonly referred to as Forensic Assessments. Practitioners of Forensic Psychology should have a good understanding of legal procedures and practices and an excellent understanding of psychology, psychological research and the investigation of human behavior.
People may experience life events which bring them into contact with the legal system, whether it concerns a family member's ability to competently write a will, a work-related injury, acquired disability, divorce, arrest or the experiential effects of malpractice. Nearly every human functional condition can bring one into contact with the legal system. Often, a psychological assessment is of great help to the individual and the Court in its deliberations and case outcome.
Clinical and Case Consultation
We offer case and clinical consultation, assessment, case review and expert testimony, mediation and dispute resolution, and parenting assessments and coordination. We work with insurance companies, businesses, unions, municipalities, schools, governmental agencies and hospitals to provide consultation and evaluation in cases involving psychological impairment, cognitive deficits and injury, developmental delays and disability, ADHD spectrum disorders and other psychological and behavioral health issues requiring assessment and expert opinions.
Some examples from different areas of law where Forensic Assessment may be useful include:
Disability Applications
Accidents and illnesses can have serious psychological repercussions in the functional lives of individuals, their families and their everyday activities. Effects can spill over int interpersonal, school and work areas. We can provide: ■ Expert witness consultation regarding psychological impairment. ■ Disability chart and case reviews. ■ Evaluations under the Americans with Disability Act. ■ Guardianship and Competency in probate and criminal matters. ■ Psychological and psychiatric standard of care issues. ■ Independent Medical Evaluations (IMEs) for disability. ■ Disability and Worker's Compensation Evaluations. ■ Consultative Evaluations (CEs) for Social Security Disability Insurance (SSDI) claims.
Family and Law Conflicts
Families often require more legal aid than is commonly realized. especially when a disabled child or adult comes in contact with the legal system or when a family seeks adoption. Other family issues concern estate planning and competency of parents to complete a will. Other examples include:
■ Foster care, adoption and attachment issues. ■ Guardianship & Competency of minors and seniors. ■ Delinquency and reckless behavior. ■ Parenting evaluations and consultations. ■ Divorce issues, including high conflict divorces and post-divorce disputes. ■ GAL assessments, including custody & visitation issues. ■ Abuse, neglect and physical maltreatment issues.
Psychological Effects of Personal Injury and Tort Applications
The Psychological effects and possible damage stemming from personal injuries are many and varied. The most commonly known condition arising from personal injuries is Trauma, and Post Traumatic Stress Disorder has gotten the most media coverage. But any number of psychological conditions can arise from personal injuries.
Typically, psychological injury arises from street, school, or work-related accidents, but can also be caused by ballistic injuries, concussion and Mild Traumatic Brain Injury (M/TBI), and "vicarious" traumatization or "trauma by proxy." Even worse, such damages are also often "masked." That is, they either aren't readily observable or intuitively understandable to the naive observer and may be "masked" by other behavior that is more readily observable.
Thus, psychological injury often goes unreported, is
misdiagnosed, or is wrongly attributed to other causes. We can provide
opinions and consultations regarding:
■ Therapeutic
malpractice and standard of psychological care. ■
Consultations
regarding general psychological damages. ■ The effect
of trauma and abuse on children - including emotional loss and abuse,
physical and sexual abuse and witnessing domestic or other
violence. ■ Psychological damage in children and
adults
caused by: ● medical procedures ● dental
procedures ● malfunctioning products ●
toxicity. ■ Masked psychological damages and
impairment
due to: ● physical injury ● emotional
trauma ● chronic disabling conditions ●
pain ● "bystander" experiences. ■
Chronic
Pain Syndromes versus Malingering. ■ Adjustment
Disorders. ■ Failure to Thrive or Improve.
■ Suspicion of Fraudulent Claims or Credibility Issues.
Immigration and Asylum Issues
We can also provide psychological assessments and opinions regarding immigration and asylum applications and appeals. This is an emerging field of increasing importance as we face an increase in "failed" states and learn more from refugees about the living conditions under oppressive regimes, the enduring effects of war, poverty and famine and survivors of "ethnic cleansing." Some locations might be The Balkans, some central African states, former Eastern Bloc nations and nations governed by dictatorship. Examples of our services include:
■ Assessment of the psychological consequences of rape, torture and institutionalized or state-sponsored abuse. ■ Human Rights Violations and Issues. ■ K-1 ("Fiancee") Visa applications and Opinion about suitability for marriage. ■ The Psychological impact of enforced repatriation. ■ Credibility Assessments. ■ Ability to Assimilate. ■ The Impact of "foreign" Cultural Aspects upon "western" Psychological Conditions.
Medical, Therapeutic or Legal Negligence
Negligence is multi-faceted. Many things in a professional relationship can go wrong in what was done and what was left undone or poorly done. Some less well-known areas of concern include:
■ Competence to give informed consent. ■ State of mind at the time of a medical procedure. ■ Appropriateness and thoroughness of pre/post-operative counseling or advice. ■ Ability for medical compliance. ■ Psychological injury arising from lack of care or clinical negligence in cosmetic surgery, cardiology, OB/GYN and pediatric specialties.
Criminal Matters
Criminal issues are not only multi-faceted, but also carry the additional possible issues of publicity, community involvement and resource allocation. Some areas where a psychological assessment may be of help to the Court include:
■ Risk Assessments ■ Pre-sentencing reports ■ Personality Assessments ■ Impact of psychological issues on behavior. ■ Effects of substance abuse. ■ Opinions as to rehabilitative Prospects ■ Opinion as to therapeutic response. ■ Assessment of eye witness statements. ■ Opinions as to disputed confessions or coercion.
File Review, Expert Testimony and Continuing Education Services
In addition to providing assessments, we also provide Case Review and File Review services regarding the psychological and behavioral health assessments that other professionals or organizations have conducted. We also review and supervise the diagnostic, treatment planning and clinical services provided by other clinical professional regarding psychological and behavioral diagnosis and treatment.
