Malingering pain in the medicolegal context

Mendelson, George and Mendelson, Danuta 2004, Malingering pain in the medicolegal context, Clinical journal of pain, vol. 20, no. 6, pp. 423-432.

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Title Malingering pain in the medicolegal context
Author(s) Mendelson, George
Mendelson, Danuta
Journal name Clinical journal of pain
Volume number 20
Issue number 6
Start page 423
End page 432
Publisher Raven Press (Lippincott Williams & Wilkins)
Place of publication New York, N.Y.
Publication date 2004-11
ISSN 0749-8047
1536-5409
Keyword(s) pain
malingering
simulation
litigation
compensation
disability
Summary Malingering—the willful, deliberate, and fraudulent feigning or exaggeration of illness—was originally described as a means of avoiding military service. In present-day clinical practice, malingering may occur in circumstances where the person wishes to avoid legal responsibility or in situations where compensation or some other benefit might be obtained. In law, the term malingering is used in relation to persons to whom military regulations apply; in other situations, malingering is regarded as fraud and may lead to charges of perjury or criminal fraud. Assertions that an individual is malingering are particularly common in clinical settings where the complaint is of a subjective nature and is not accompanied by objectively demonstrable organic abnormalities. This may occur in relation to complaints of pain in situations where the person is entitled to receive pain-contingent compensation or is suing for damages. In this article, we will review the literature on pain and malingering and discuss attempts that have been made to develop methods and guidelines for the detection of malingered pain. There are, however, no valid clinical methods of assessment of possible malingering of pain. In our view, the ultimate issue of the veracity of the plaintiff is for the Court to decide, and epithets such as “malingerer” have no place in reports prepared for legal purposes by health care professionals.
Language eng
Field of Research 180126 Tort Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2004, Lippincott Williams & Wilkins
Persistent URL http://hdl.handle.net/10536/DRO/DU:30008672

Document type: Journal Article
Collection: School of Law
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