YEAR

MALINGERING

AUTHOR SOURCE SELECTION ABSTRACT
2009 Delusions and malingering in civil commitment and criminal cases Daisy K. Switzer, Ph.D. psychology CD 10603 While flagrant cases of delusional disorder exist, there are a range of subtle areas in both criminal and civil commitment cases which beg to question what we think we know about the nature of delusions. The application of delusional disorder in civil commit or criminal cases, and the danger of misapplication of the diagnosis will be presented. Cultural context diagnosis and the dangers of prejudice and ethical considerations when the diagnosis will keep a criminal off the street, what is the ethical thing to do? will be discussed. Dr. Switzer does contract evaluations for the Board of Parole Terms and is in private practice, with an emphasis on criminal forensics. Her practice is in Nevada County, with satellite offices in Humboldt and San Francisco.
2008 Test of malingered incompetence-a forced choice instrument for assessing cognitive malingering in competence to stand trial evaluations Kevin Colwell PhD
Lori Colwell PhD,
Ashlie Perry MS
David Wasieleski PhD
Tod Billings BA
psychology journal 5459 no abstract
2008 Malingering v. Munchausen: how much is too much? a case of greed goes terribly wrong Douglas Anderson, MD psychiatry CD 10608 According to DSM-IV criteria, the diagnoses of Malingering and Factitious Disorder are mutually exclusive, based on the type of secondary gain involved. But what happens when the feigned efforts to support personal injury litigation and disability far exceed those seen in any prior forensic experience? A fascinating case of personal injury litigation in which the plaintiff underwent ten seemingly unnecessary surgeries following a motor vehicle accident in which she sustained only minor injuries will be presented. Attendees will learn how to distinguish between Malingering and Factitious Disorder and how these apparently mutually exclusive diagnoses can, in fact, overlap when the medical evidence leads the expert to no other reasonable conclusion.--Douglas Anderson, M.D. has been a practicing clinical and forensic psychiatrist for more than thirty years. He has been retained in seventeen states and overseas.
2008 The test of malingered incompetence (TOMI): A forced-choice instrument for assessing cognitive malingering in competence to stand trial evaluations
Kevin Colwell PhD et al psychology journal 10788 The TOMI consists of two 25-item, two-alternative, forced-choice scales General Knowledge (TOMI-G) and Legal Knowledge (TOMI-L) designed to detect malingered cognitive impairment in CST evaluations. The TOMI was derived and validated with a university sample (N = 242), with a cut score of < 21 providing maximum classification accuracy of honest and dishonest respondents. Subsequently, the TOMI was administered to forensic inpatient residents (N = 30) and was compared to existing, well-established tests of malingering (the Rey-FIT and the TOMM). Results indicated strong correlations and predictive agreement for both scales, and distinction between honest and probable dishonest respondents for the TOMI-L. A third study provided additional validation for the TOMI in distinguishing honest from dishonest student respondents (N = 120) and examined the effects of motivation on response style. For dishonest responders, those in the high motivation group scored significantly lower than those in the low motivation group, further betraying their dishonesty. The utility of the TOMI as a useful, novel tool for forensic practitioners is discussed.
2007 Differentiation of mentally ill criminal defendants from malingerers on the MKPI-2 and PAI S Thomas Kucharski PhD
Scott Duncan PhD
psychology journal 7014 no abstract
2006 Validation of the Barkemeyer-Callon-Jones Malingering Detection scale Joy Wymer PhD, Charles Barkemeyer MD psychology journal 10279 To test the hypothesis that patients with objective findings on their neurological examinations would not, to a statistically or clinically significant degree, use the behaviors of malingering that are described in the Barkemeyer-Callon-Jones Malingering Detection Scale (MDS). The MDS allows the examiner to evaluate patients in an objective manner under the theory that malingerers use identifiable behaviors that are not used by patients with neurological disorders.
2006 Coping with malingering and exaggeration of psychiatric symptomatology in offender populations Glenn Walters PhD psychology journal 7030 no abstract
2006 Metareview of literature on malingering Allan Gerson PhD psychology tape 1022
no abstract
2005 Malingered mental illness Emmanuel Aquino MD psychiatry tape 3144 The case of a young woman who was accused of killing her boyfriend will be presented. She was remanded to a forensic hospital after exhibiting bizarre behavior in the courtroom. The presentation will explore various forms of malingering, differential diagnoses and ways of detecting malingering. This presentation will assist the expert in detecting deception and to demonstrate to the triers of fact how defendants can feign symptoms; attendees will have the opportunity to share their forensic experiences in dealing with malingering litigants.
2005 Strategies for the assessment of pseudo or malingered posttraumatic stress disorder Linda Gummow PhD
Conger RE
psychology tape 3170 no abstract
2005 Assessment of malingering across neuropsychological domains Gonzalez F psychology tape 10260 no abstract
2005 The coin-in-hand stratagem for the forensic assessment of malingering Kevin Colwell PhD psychology journal 8199 Those being assessed are told that one aspect of their memory is being screened. The examiner then shows the patient a coin held in either the right or left hand. The examiner closes his/her hands and informs the patient/client that the coin will not change hands during the trial. The examiner then asks the patient/client to close his/her eyes and count backward from ten. After counting, the patient/client is required to indicate which hand holds the coin. Several trials are administered, preferably balancing the number of trials with the right and left hands. This most significant aspect of this simple procedure is its flexibility in potential application. It can be used as a traditional symptom validity indicator for clients who match one of the previously-tested groups, rapidly validated for use with a new population of interest, or interpreted on the basis of probability theory.

2004 Assessing Pinocchio: establishing quantitive evidence of malingering Mark McDonough PhD psychiatry tape 3136 Physicians need to acquire a deeper sense of the method of assessing malingering. The history, current literature and methods, and illustrative case histories(s) are presented. Participants will learn qualitative and quantitative methods for detecting exaggeration along with appreciating overlap of particular psychiatric conditions that raise competing diagnostic concerns.
2004 Proof of malingering in brain litigation Larry Cohen PhD, JD psychology tape 10773 This presentation will review the current state of the art in the measurement and theory of malingering. It will then address problems likely to be encountered in offering evidence of malingering in light of the current standards for the admissibility of scientific evidence in federal and state courts. The presentation will conclude with specific recommendations for practitioners and attorneys both in the assessment of the malingering hypothesis and in the presentation of evidence bearing on the claim of malingering in brain injury litigation in federal and state courts. Attendees will learn about federal and state court admissibility criteria for opinions concerning malingering, challenges to malingering evidence, and defending against challenges to opinions concerning malingering.
2004 Utility of the MMPI-2 Infrequency psychopathology and the Revised Infrequency psychopathology scales in the detection of malingering L Thomas Kucharski PhD psychology journal 10760 no abstract
2003 Effective and practical strategies and techniques for the psychological assessment and treatment of malingered incompetency Heidi Hutton, Ph.D psychology tape 3061 Key elements of an effective competency restoration treatment program and the process of assessment and treatment of malingered neurocognitive and/or psychiatric incompetence will be described. Effective multimodal forensic assessment instruments, detection of malingering, and how these assessments can be used in the clinical treatment of patients identified as malingering will be discussed.
2002 Beyond DSM-IV-a meta-review of the literature on malingering Allan F Gerson PhD psychology journal 5419 The author reviewed 1,040 studies on malingering in an attempt to examine the strengths and limitations of the DSM-IV definition of malingering. Various approaches were considered, including clinical interview, psychological testing, threshold model and clinical decision model. Each examines and defines malingering from a different perspective, but the conclusion reached by this investigator was that DSM-IV is far too limited in its definition to be considered as a reliable method of detecting malingering and, by its language, may frequently lead to false positives.
2001 Base rates of the WMS-R Malingering Index after brain surgery Grant Iverson PhD
Daniel Slick PhD
psychology journal 8187 The purpose of this study was to examine the Wechsler Memory Scale-Revised "malingering index" (1) in a large sample of patients with acute traumatic brain injuries. Participants were 186 patients who were administered the WMS-R within the first four weeks post injury.
2001 Malingering: an overview of detection techniques for forensic evaluators Shayna Gothard PhD psychiatry journal 7084 The assessment of malingering can pose a challenging task to the forensic evaluator. However, with the increasing role of mental health professionals in evaluations for forensic purposes such as competency, insanity, workers compensation, and disability, and the many incentives to malinger, it is incumbent upon the forensic clinician to consider and accurately evaluate the possibility of malingering. This article will synthesize the relevant literature in the field, with an emphasis on research utilizing diagnosed (i.e., "known") malingerers, as opposed to simulators, in order to assist the practicing forensic evaluator in identifying, evaluating, and diagnosing suspected malingerers. It will include a discussion of clinical indicators and characteristics of malingerers as well as commonly feigned symptoms. Recommended interview techniques will also be provided. The article will conclude with an overview of some of the psychological measures specifically developed to assist in a malingering assessment.
2000 Classification of malingerers on a nondeclarative memory task as a function of coaching and task difficulty Robert L Durham PhD
Frederick Keller PhD
psychology journal 6004 Two category classification tasks, which provide measures of nondeclarative memory performance, were used to detect feigned memory deficits. Uncoached controls were compared to uncoached malingerers, and to malingerers who received varying degrees of coaching, on an easy and a difficult dots categorization task. Initial analyses showed that controls were indistinguishable from malingerers who received coaching on test specifics. Additionally, malingerers with no or low coaching performed significantly worse than controls and highly coached malingerers. A discriminant function analysis showed that both controls and malingerers with no coaching were correctly classified at above chance levels for the dots categorization tasks. Coached malingerers on the difficult categorization test were misclassified as either controls or as malingerers with no coaching, and coached malingerers on the easy categorization test were predominantly misclassified as controls.
2000 Screening for malingered mental illness in a court clinic David Schretien PhD
Jeffrey Neal PhD
Sandra Lesikar PhD
psychology journal 8185 We examined 97 criminal defendants who were consecutively referred to a court appointed psychologist. Based on an interview and any available records, a psychologist rated the severity of each defendant s mental disorder (if any) as well as the likelihood that he or she was malingering psychiatric symptoms. Eleven (11.3%) of the defendants were judged to be likely or very likely malingering. Following the clinical evaluation, each defendant completed two screening tests of malingering. As expected, the suspected malingerers failed more items on a forced choice vocabulary test and endorsed more implausible symptoms of schizophrenia than presumed honest defendants. Also as hypothesized, an index that combined the scores of both measures distinguished subject groups more accurately than either test alone. The optimal cutoff score for this Malingering Index yielded a positive predictive value of 88% and a negative predictive value of 96%.
2000 Malingering of mental illness since three-strikes in California Howard Terrell MD psychiatry tape
Since the "Three-Strikes and You re Out" law took effect in California on March 7, 1994, individuals convicted of their third felony with two prior serious felonies under "Three-Strikes" will typically receive a sentence of no less than 26 years to life in state prison. Judges who perform sentencing in such cases have very little leeway under the law to modify these guidelines. Prior to "Three-Strikes," it was very uncommon to see criminal defendants malingering symptoms of mental illness in any but the most serious of felony cases, typically murder and rape. Since the enactment of the "Three-Strikes" law in California, malingering has become far more common, even for such minor crimes as petty theft with a prior, presumably since any new felony conviction of a person with two prior strikes against them will result in a 26 years to life sentence. It seems well known among criminal defendants in California that if one is found not guilty by reason of insanity, they will receive much easier time (in a state mental hospital where they have more rights and privileges, as opposed to a state prison) and they are likely to be released once they are determined to be no longer dangerous due to mental illness (typically a lot less than 26 years to life). Participants will learn of the factors resulting in the proposal and passage of the Three-Strikes and You re Out law in California, motivating factors for criminal defendants to malinger symptoms of mental illness, and signs and tip-offs for evidence of malingering.

2000 Is the patient malingering? standards, case law, testimony in criminal cases John T. Philipsborn, JD psychiatry tape 1122 This presentation will discuss standards which have been applied to either allow or limit the testimony of psychiatrists and psychologists on the issue of malingering. Examples of specific criminal case situations will be discussed, such as malingering in the competence assessment arena, and in the presentation, or rebuttal, of mental defenses. The presenter recently litigated a lengthy case dealing with malingering and has written and lectured to many groups of lawyers and mental health professionals on a variety of issues.


2000 Psychopathology in a correctional setting - malingering and its clinical presentations John D Shields PhD psychology tape 10744 This lecture will address the clinical presentation and psychometric assessment of malingered conditions as they commonly appear in a correctional setting; secondary gain related to a psychiatric disorder in prison; and ethical considerations related to malingering and risk. Cases of malingered psychosis and psychological assessment, as well as the legal and clinical ramifications of inadequate assessment of a malingered condition, will be discussed.
2000 Malingering of mental illness since three-strikes in California Howard Terrell MD psychiatry tape
Since the "Three-Strikes and You re Out" law took effect in California on March 7, 1994, individuals convicted of their third felony with two prior serious felonies under "Three-Strikes" will typically receive a sentence of no less than 26 years to life in state prison. Judges who perform sentencing in such cases have very little leeway under the law to modify these guidelines. Prior to "Three-Strikes," it was very uncommon to see criminal defendants malingering symptoms of mental illness in any but the most serious of felony cases, typically murder and rape. Since the enactment of the "Three-Strikes" law in California, malingering has become far more common, even for such minor crimes as petty theft with a prior, presumably since any new felony conviction of a person with two prior strikes against them will result in a 26 years to life sentence. It seems well known among criminal defendants in California that if one is found not guilty by reason of insanity, they will receive much easier time (in a state mental hospital where they have more rights and privileges, as opposed to a state prison) and they are likely to be released once they are determined to be no longer dangerous due to mental illness (typically a lot less than 26 years to life). Participants will learn of the factors resulting in the proposal and passage of the Three-Strikes and You re Out law in California, motivating factors for criminal defendants to malinger symptoms of mental illness, and signs and tip-offs for evidence of malingering.

2000 Learnng to malinger Gail Robertson PhD psychiatry journal 7087 no abstract
1999 Malingering on the Wais-R among disability claimants and applicants for vocational assistance Richard Williams PhD psychology journal 5309 The current study examined the Wechsler Adult Intelligence Scale - Revised (WAIS-R) performance of disability claimants and applicants for vocational assistance. The clinical records of 50 applicants for disability and 50 applicants for vocational assistance were reviewed. All patients had been referred for evaluation because of suspected neuropsychological deficits. The group applying for disability performed more poorly overall as predicted. The WAIS-R malingering index suggested by Mittenberg et al. (1) produced a 30 percent estimate of malingering, made up of almost equal numbers of both groups. Those suspected of malingering by this index showed better overall intellectual performance. The results were discussed in terms of the potential clinical usefulness of the Mittenberg et al. index.
1999 Malingered memory deficits, amnesia, cognitive impairment Richard Frederick PhD psychology tape 1135 no abstract
1999 Detection of malingering in pretrial juvenile competency evaluations Leslie N. Sandler, Ed.D.
psychology tape 1176 no abstract
1998 False positive errors on selected tests of malingering Nancy Pachana
Kyle Boone PhD
Steven Ganzell PhD
psychology journal 5190 no abstract
1997 Clinical assessment of malingering as a defense against malpractice allegations Lisa Webb MS psychology tape 10120 Conduct issues surrounding abuse survivors, repressed memories, malpractice, and patient memory recantation are often blurry. As a result, malpractice suits may arise when a patient recalls sexual abuse incidents during therapy and then retracts. When recantation occurs, the clinician is often accused of implanting "false memories" to "steer" the patient toward a particular recollection. Is in fact clinical malpractice occurring when patients recant allegations, or is the patient effectively mimicking or malingering abuse symptoms? A pertinent study "Can Psychological Tests be Falsified?" involving 200 college students will be shared. Attendees will learn whether abuse symptom pathology can be effectively mimicked or malingered and receive new ideas concerning recantation of memories.
1997 Global Amnesia, PTSD, Malingering, Incompetence-sorting them out for the court Michael Cleary MD psychiatry journal 8065 no abstract
1997 Global Amnesia, PTSD, Malingering, Incompetence-sorting them out for the court Michael Cleary MD psychiatry tape 1329 no abstract
1995 Malingering detection- process approach; psychometric tests Linda Gummow PhD psychology tape 1359 no abstract
1995 Considerations in the use and interpretations of tests of malingering Kucharski LT
psychology tape 1464 no abstract
1995 Psychological signatures of malingering-assessing the legitimacy of claims Robert Owens MA psychology journal 8163 A review of the voluntary production and presentation of false or grossly exaggerated psychological symptoms produced in pursuit of financial compensation in personal injury cases is presented within the context of objective test data. It describes the statistical treatment of test data when compared to relevant data from learned treatises. Data as generated by the Wechsler Adult Intelligence Scale (WAIS) and the Minnesota Multiphasic Personality Inventory (MMPI) in cases of closed head injuries are presented. A discussion of the difficulty in malingering impairment on neuropsychological measures such as the Tactile Performance Test, the Tactile Finger Localization Test, the Trailmaking Test and the Speech Sounds Perception test is presented. The article's intent is not to show that malingering can be proven to exist beyond any doubt, but rather that, with special attention to signatures of deceit, the index of suspicion of its presence may well be raised to a high degree of probability in the minds of reasonable persons.
1994 Determining malingering and legal ramifications John Ravin MD psychiatry tape
The nature of malingering as a psychological process is presented along with an understanding of why malingering occurs. Malingering is differentiated from other conditions and states of mind which may mislead the forensic psychiatrist into making the wrong diagnosis. The forensic psychiatrist will be sensitized to the real difficulties in determining malingering as well as the possible legal ramifications such a diagnosis may entail, not only for the patient but also for the expert. Cases presented.


1994 Malingering to refuse treatment and related forensic issues Richard May MD psychiatry tape 1885 Deception is at the heart of malingering and symptoms are voluntarily produced to achieve a goal. In the case of the malingerer who dissimulates by denying psychiatric symptoms, the goal is to avoid the stigma of being labeled mentally ill and the intrusion upon privacy. Landmark cases, such as Vitek v. Jones are discussed. The difficult role of the attorney who generally is expected to advocate the client's wishes, the clinician's role of providing factual data supporting the opinion regarding treatment, the role of the court and liability issues related to misdiagnosis are also discussed. Three cases of dissimulation cited.
1994 Use of psychological tests to detect malingered intellectual impairment Michael Morrison PhD psychology journal 8158 no abstract
1993 Atypical response patterns on a target detection test: signs of malingering? Wilma G Rosen PhD psychology tape 1389 Participants will learn about extant methods of detecting malingering with neuropsychological assessment techniques and the potential contribution the target detection test may make to this difficult process
1993 Development and validation of sentence completion test indices of malingering during examination for disability Lori Timmons BS
Richard Lanyon PhD
Eugene Almer MD
Patrick Curran MA
psychology journal 5297 A 136-item sentence completion test was administered to 51 subjects who were involved in personal injury litigation. Based on existing empirical literature, 12 categories of malingering characteristics were formulated and a structured scoring manual was developed for each response for each category. Factor analysis led to the identification of three meaningful strategies for malingering which were named angry negativity/no fair deal, disability exaggeration/overinvestment, and excessive virtue/honesty. Significant correlations were shown with relevant MMPI scales. For cross-validation, three malingering strategy scales were developed involving the items that best represented the factors, and 39 undergraduates were asked to respond honestly and also to malinger using each of the three strategies. Results showed discriminant validity for each scale as a measure of a specific malingering strategy.
1992 Workers' compensation cases-diagnoses vs insurance companies and problem of malingering John Ravin MD psychiatry tapes 1908 Few workers' compensation claimants present as true malingerers, yet many workers have succumbed to the tortuous course presented by the system itself, one that appears responsible for altering the true clinical picture presented by the patient. Ten illustrative cases are examined in detail. When an attendee asked how insurance companies view malingering, he replied, "Many insurance companies have their own in-house psychiatrists- frankly, I believe bought and paid for. About a claimant presenting as anxious or depressed, they don t say, 'Well we find nothing wrong with this patient, they say, 'This patient is malingering.'"
1990 Behavioral and verbal cues to possible distortion, deception, and malingering Jack S Annon PhD psychology tape 1759 Presentation of an original model by which forensic psychologists may assess data obtained from witnesses, victims, defendants, patients, in order to assess distortion, deception and malingering. Overview of other methodologies of assessment of distortion. Emphasis on myths/realities of these methods in light of latest research and clinical evidence and how they may be used by forensic clinicians.
1989 Assessment of malingering in personal injury cases Don Beal PhD psychology journal 6039 In personal injury litigation, says the author, a client is much more likely to be attempting to feign less severe pathology, such as depression or anxiety secondary to a physical injury. Author rejects use of MMPI scales in assessing for malingering in these cases, suggesting instead the Gough and Wiener Harmon scales. MMPI indices are not sensitive, he says, to individuals attempting to feign less severe disorders, such as depression or anxiety.
1988 Adaptive behavior, malingering and competence to waive rights- a case study Spencer DeVault
Donna Long MA
psychology tape 10152 A videotaped confession was obtained in a case of abuse leading to the death of a child. Counsel was successful in having the tape suppressed on the grounds that the defendant did not understand his rights, due to his low intelligence. On appeal by the state, the matter was returned for another hearing in which the confession was ruled admissible, and the defendant was eventually convicted. A number of issues were involved: test validity with racial minorities, psychometric evidence of malingering, analysis of defendant's language and responsiveness on the videotape, and a number of indicators of adaptive behavior of the defendant gathered in the community.

1988 Adaptive behavior, malingering and competence to waive rights (1) Spencer DeVault
Donna Long MD
psychology tape 10151 no abstract
1987 Detection of deception- malingering patients, deceptive litigants, witness distortion (2 tapes) Jack S Annon PhD psychology tape 10272 Author presents an original model with which to assess the degree of distortion, deception, or malingering that may be present. Discussion of factors affecting testimony and statements of witnesses, defendants, victims and patients.
1987 Malingering and evasion of legal responsibility Werner Tuteur MD psychiatry journal 5298 Voluntary fabrication of psychological symptoms, with a view to evading legal responsibility, places the practitioner in an adversarial relationship with the patient. Insufficient attention has been given to diagnosis and to the fact that malingering remains vastly underdiagnosed. Illustrative cases and a dialogue typical of the interview scenario is presented. Psychiatric evaluation of patient litigants claiming unfitness, who refuse to cooperate during the mental health examinations, must be thoroughgoing and rigorously detailed if the opinion of the evaluator is to have persuasive effect on the triers of fact.
1987 Dilemma of the malingering patient-litigant Eric Marcus MD psychiatry journal 6017 no abstract