The Vietnam conflict heightened the lay public’s awareness of this condition, throughfrequent articles in the press, movies, and books depicting the invisible wounds left bycombat. Symptoms of PTSDcan include rapid hyperarousal, which often leads toaggressive acts. Such behavioral changes, in turn, often lead to the loss of family, friends, andemployment. Associated abuse of alcohol and/or drugs as self-medicationis also frequent. Finally, in severe and usually untreated cases, suicide can occur.
The Iraq and Afghanistan wars have once again brought these combat-relatedsymptomsto the fore, and nowadays there is more awareness than ever of the many issues surrounding civilian PTSD.
According to studies conducted in civilian populations, root causes of PTSD often include significant injuries,medical malpractice disability, discrimination, and/or associated harassment.Of all traumatic events correlated with the onset of PTSD, rape is the most predictive.
Heightened awareness of PTSD is but one reason why lawsuits involvingthe disorder are increasing. According to studies, those who claim to have PTSD winmarkedly higher legal settlements than those who do not. Many individuals are incentivized tosimply learn the symptoms and behaviors associated with PTSD, then act themout—especially when there will be a sympathetic group of jurors. Lawyers areincreasingly aware of such fraudulent claims, and they now place greater emphasis on thefull constellation of symptoms that characterize PTSD.
The newest criteria for diagnosis of PTSD include a severely traumatic event, as well ashaving flashbacks, dreams, and frequent sleep disturbance related to the event. Patientswill also often withdraw from environmental stimuli that remind them of the traumaticevent.
In all sufferers of PTSD, there is a marked decrease in functional level. The success ofcivil litigation involving PTSD often depends on the attitudes of jurors and judges towardthis psychiatric disorder. Meanwhile, as the amounts awarded to sufferers of PTSD continue to rise, less-than-honestlawyers have taken to coaching clients in the art ofpassing as psychologically traumatized.
Disagreement between psychiatric expert witnesses on the defense and plaintiff sides is common. The witness’ credentials and experience in working with post-traumaticstressdisorder—in both military and civilian populations—is often what seals the verdict.
Lawyers should always carry out thorough background checks to verify a particularpsychiatrist’s professional experiences and background in litigation. Deserving clientswill be most appreciative.