Problems with Malingering Tests
Manipulation of Malingering Test during Personal Injury Lawsuits
Common Problems Associated with Malingering Tests
If you are the defendant in a lawsuit malingering tests are based on your performance. Your lawyer should explain how the tests are administered and what the test result data will mean. Keep the following items in mind.
Potential Problems with the Test and Test Administration
Some doctors for the defense will give clues about the correct answers to the patients. An opine score means there has been no brain damage and the patient is malingering. For example a doctor may ask a patient who were all the president of the United States. The patient should start with the current president and go backwards. A clue from the doctor would be which one was the peanut farmer from Georgia.
Some defense doctors may skip some of the test questions. The doctor may not give the full test battery but will only give certain subtests with the standardized battery.
Required Test Time Manipulated
The timing of the test can make the difference. Since this test will measure effort as well as cognitive skills it is unfair to give this test before or after lunch. Do not give the test at the end of two grueling days of completing other tests.
The doctor may break concentration by speaking in a loud voice, refusing to allow breaks, come in and out of the room, or speaking to others in the testing area.
Be sure you are taking the most current test. These tests change every so often which can affect the results.
If you or someone you love is seeking legal advice, we highly recommend the Law Offices of Caroll Drake.