The Defense Deposition Atlas - MEDPsych Online

1 The Defense DepositionAtlasSecond EditionPeter B. Silvain, Associate Professor of PsychiatryProgram in Psychiatry and Law Georgetown University School of MedicinePamela H. Silvain, Assistant Professor of PsychiatryProgram in Psychiatry and Law Georgetown University School of MedicineMEDP sych Press Polaris Parkway, Suite 100 Columbus, Ohio 43240(800) 251-0799 The Defense Deposition Atlas , Second Edition,is a compendium of Deposition questions developed from theanalysis of over 3,000 psychological and neurological injuryclaims. The authors, Peter and Pamela Silvain are defenseanalysts in complex injury cases. Peter Silvain holds threegraduate degrees in forensic evidence and behavioral studies,Pamela Silvain earned her degree in 1992, from theUniversity of Maryland.

2 The Silvains, and the MEDpsychHeadquarters team, work for casualty, workers compensation, self-insured corporations and Defense counsel throughout the UnitedStates and Canada. Their Defense Case Analysis is designed toprovide Defense counsel with trial strategy including anassessment of the plaintiff's claimed damages and the defensetheories that apply to each case. Peter Silvain continues to present educational programs for theinsurance and Defense law communities including lectures for15,000 claims and law professionals in over 425 seminars,conferences and other Defense programs. He has presented hisprogram for several state bar associations and Defense associationsas well as the American Bar Association and the DefenseResearch Institute DRI.

3 The Silvain's coordinate a national network of experienceddefense analysts. For information regarding these and otherdefense services call (800) 251-0799. 2007, MEDP sych Press, Palm Coast, FloridaAll rights reserved. The material contained in this book is copyrighted and mayonly be copied or reproduced with permission in writing from the electronic version provided on CD may only be used in accordance withthe license provisions that accompany the CD. Questions may be reproducedand printed for Deposition and trial use by the book purchaser. SeparateCD versions are available as single workstation, multiple user and networkCD's. Call (800) 251-0799 for further information and to obtain additionalbook and CD copies. Printed in the United States of America by Berryville Graphics, Berryville, VA.

4 ISBN Number 0-9722276-0-1 ACKNOWLEDGMENTSIt is a pleasure to acknowledge the extraordinary efforts by the following Associate Editors and colleagues:Dedicated to our parentsErnest and Regina SilvainandRoy and Verne HoffmanTHE Defense Deposition ATLASS econd EditionTABLE OF CONTENTSCHAPTER 1 Deposition OF THE PLAINTIFF .. GENERAL HISTORY .. THE PLAINTIFF S PHYSICAL HISTORY .. THE PLAINTIFF S SOCIAL HISTORY .. THE PLAINTIFF S PSYCHOLOGICAL HISTORY .. TO DISCOVER ..37 CHAPTER 2 QUALIFICATIONS AND EXPERIENCE OF THE PLAINTIFF S EXPERT WITNESS .. INFORMATION .. WITNESS ..43 CHAPTER 3 THE EXAMINATION AND TREATMENT OF THE PLAINTIFF ..50A. PLAINTIFF REFERRAL AND TREATMENT ..51B. RECORDS FROM OTHERS ..53C. OTHER QUESTIONS.

5 53 VIICHAPTER 4 THE PLAINTIFF'S DIAGNOSIS .. TESTING THE DOCTOR S KNOWLEDGE OF THE PATIENT S HISTORY .. PATIENT S PHYSICAL HISTORY .. PATIENT S SOCIAL HISTORY .. PATIENT S PSYCHOLOGICAL HISTORY .. OF THE DOCTOR S CLINICAL NOTES .. PATIENT S DIAGNOSIS .. AND BEHAVIORS THAT ARE THE BASIS OF THE PATIENT S CLAIM .. TO DISCOVER ..90 CHAPTER 5 CHALLENGING THE PROOF OF DAMAGES .. STRESS DISORDER (PTSD) CLAIMS .. STRESS DISORDER CLAIMS .. ANXIETY DISORDER (GAD) CLAIMS .. ANXIETY SYMPTOMS COMMONLY REPORTED BY PLAINTIFFS ..227 TABLE OF DISORDER DUE TO A GENERAL MEDICAL CONDITION .. PHOBIA CLAIMS .. ATTACKS AND PANIC DISORDER CLAIMS .. DISORDER WITH AGORAPHOBIA .. DISORDER CLAIMS .. DEPRESSIVE DISORDER CLAIMS.

6 DISORDER CLAIMS ..505 CHAPTER 6 EXAMINING THE PLAINTIFF'S PRE-EXISTINGLEVEL OF FUNCTIONING .. EXAMINING THE PLAINTIFF S PRE-EXISTING CLINICAL MENTAL DISORDERS .. THE PLAINTIFF S PRE-EXISTING (LIFE-LONG) PERSONALITY DISORDERS .. THE PLAINTIFF'S PRE-EXISTING MEDICAL CONDITIONS .. PLAINTIFF'S OTHER LIFE STRESSORS .. SYNDROMES ..615 TABLE OF CONTENTSIXCHAPTER 7 CHALLENGING CLAIMS OF HEAD INJURYAND ORGANIC BRAIN SYNDROME .. CHALLENGING THE NEUROPSYCHOLOGICAL EVIDENCE .. CHANGE DUE TO A GENERAL MEDICAL CONDITION .. ALTERNATE CAUSES OF THE PLAINTIFF'SDEMENTIA .. CAUSES OF THE PLAINTIFF'S AMNESIA, CONCENTRATION AND MEMORY PROBLEMS .. ALTERNATE CAUSES OF THE PLAINTIFF'SHALLUCINATIONS AND DELUSIONS.

7 ALTERNATE CAUSES OF THE PLAINTIFF'SSEIZURES .. CAUSES OF THE PLAINTIFF'SHEADACHES .. CAUSES OF THE PLAINTIFF'SSYNCOPE, LOSS OF BALANCE,AND FALLING .. INJURY CLAIMS .. SELECTED TOXIC EXPOSURE CLAIMS: CARBON MONOXIDE AND TOXIC MOLD .. THE PLAINTIFF'SELECTRODIAGNOSTIC EVIDENCE ..739 TABLE OF CONTENTSXCHAPTER 8 SYMPTOM MANIPULATION BY THE PLAINTIFF .. FACTITIOUS DISORDER .. 'S SYNDROME .. DISORDER .. DISORDER .. CONSUMPTION AND SYMPTOM CHART .. DRUG SIDE-EFFECTS .. THAT MAY CAUSE ANXIETY .. THAT MAY CAUSE DEPRESSION .. THAT MAY CAUSE IMPAIRED COGNITIVE FUNCTIONING .. THAT MAY CAUSE IMPAIRED MEMORY FUNCTIONING ..791 TABLE OF CONTENTSXIREFERENCES ..793 INDEX.

8 797 END-USER LICENSE AGREEMENT ..823 TABLE OF CONTENTSXIICHAPTER 1 CHAPTER 1 SECTION : GENERAL HISTORY .. : THE PLAINTIFF S PHYSICAL HISTORY .. : THE PLAINTIFF S SOCIAL HISTORY .. : THE PLAINTIFF S PSYCHOLOGICAL HISTORY .. : DOCUMENTS TO DISCOVER ..37 CHAPTER 1 Deposition OF THE PLAINTIFFINTRODUCTIONMany plaintiffs that claim emotional injury have histories of pre-existing psychopathology, includingclinical mental disorders and personality disorders. The Defense counsel must assemble a thorough history of the plaintiff for several reasons:1. To counter the egg-shell skull To show that the plaintiff was not a well-functioning person prior to the injury in To show that the plaintiff s level of functioning has not been decreased by the injury in To show that the plaintiff s symptom pattern is not new but a continuation of a pre-existing To show that the plaintiff s expert witness has failed to obtain important information when forminghis or her To show that the plaintiff s symptoms are related to disorders other than those claimed in the questions and tables in this chapter are designed to assist the Defense counsel in obtaining detailedhistorical information from the plaintiff.

9 When Deposition of the plaintiff is complete, the defensecounsel will know more about the plaintiff s history than the treating doctors. It is this detailed discovery that can lead to an admission of diagnostic weakness and error during the Deposition andcross-examination of an expert witness. Failure of the plaintiff s doctors to take a thorough clinical history is often a primary cause of error in emotional injury : Have you applied for social security disability?No Approved Denied Reason for denial: _____Q: What disability insurance policies do you have?Date of Application: _____Company: _____Amount: _____Was a physical exam taken for this policy? _____Doctor s name: _____Address: _____Date of Application: _____Company: _____Amount: _____Was a physical exam taken for this policy?

10 _____Doctor s name: _____Address: _____B. INSURANCE INFORMATIOND eposition of the Plaintiff3 Name: _____Maiden name or other names used in the past:Maiden: _____Other: _____Date of Birth:____/____/_____How old are you today? _____Country, city, state of birth: _____Social Security Number: _____ - _____ - _____Present Address: _____City/State: _____From: _____ to: _____Own Rent Previous Address: (1) _____City/State: _____From: _____ to: _____Owned Rented Previous Address: (2) _____City/State: _____From: _____ to: _____Owned Rented Q: Who is presently living with you?Q: What is their relationship to you?1. _____2. _____3. _____SECTION : GENERAL HISTORYA. GENERAL INFORMATIONQ: Describe your educational counsel should ask the plaintiff aboutsome or all grade level experiences.