• Corpus ID: 26493403

The litigant-patient: mental health consequences of civil litigation.

@article{Strasburger1999TheLM,
  title={The litigant-patient: mental health consequences of civil litigation.},
  author={Larry H. Strasburger},
  journal={The journal of the American Academy of Psychiatry and the Law},
  year={1999},
  volume={27 2},
  pages={
          203-11
        }
}
  • L. Strasburger
  • Published 1 June 1999
  • Psychology, Political Science
  • The journal of the American Academy of Psychiatry and the Law
Civil litigation often has profound psychological consequences for plaintiffs and defendants alike. For those individuals who are involved in ongoing psychotherapy, or those who enter psychotherapy during litigation, the stress of litigation often adds to whatever issues produced the lawsuit. This article reviews the effects of that stress, the mechanisms through which it arises, and its manifestations in psychotherapy and offers suggestions to increase psychotherapist awareness of the… 
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References

SHOWING 1-10 OF 12 REFERENCES
Perils of being a plaintiff: impressions of a forensic psychiatrist.
  • S. Halleck
  • Psychology
    Clinical orthopaedics and related research
  • 1997
TLDR
Examples are presented of plaintiffs in personal injury cases who experienced adverse reactions to the process of litigation, and often the patient's condition is worse even after a case is settled.
Is money a cure? Follow-up of litigants in England.
TLDR
Some of the litigants improved after they received compensation, but this seemed to be related to issues besides the money, e.g., feelings about their impairment, family support, the loss of a relationship, personality characteristics, and ability to return to work.
Physicians' self-reports of reactions to malpractice litigation.
TLDR
A survey was devised as a first step in assessing physicians' perceptions of the impact of medical malpractice litigation on their professional practice and personal lives, and two clusters of self-reported symptoms in reaction to the litigation emerged.
Sued and nonsued physicians' self-reported reactions to malpractice litigation.
TLDR
Sued physicians reported significantly more symptoms than nonsued physicians, and were more likely to stop seeing certain types of patients, think of retiring early, and discourage their children from entering medicine.
"Crudely, without any finesse": the defendant hears his psychiatric evaluation.
  • L. Strasburger
  • Psychology
    The Bulletin of the American Academy of Psychiatry and the Law
  • 1987
TLDR
Ethical considerations and strategies for minimizing harm to an individual who hears a description of his psychodynamics in the highly charged, adversarial context of a courtroom are discussed.
Malpractice Prevention through the Sharing of Uncertainty
TLDR
Patients and families who experience tragic disappointments in their expectations of medicine attempt to assuage their grief, helplessness, and despair by suing — that is, blaming — the physician.
Irreconcilable conflict between therapeutic and forensic roles.
TLDR
Through the presentation of 10 principles that underlie why combining these roles is conflicting and problematical, the authors stress the importance of avoiding such conflicts, avoiding the threat to the efficacy of therapy, and avoiding thethreat to the accuracy of judicial determinations.
On wearing two hats: role conflict in serving as both psychotherapist and expert witness.
TLDR
The clinical, legal, and ethical problems that typically occur when a psychotherapist serves as both a treating clinician and forensic evaluator (or expert witness) in the same case are explored.
...
1
2
...