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Expert Witness on Whether Claimant is Malingering

When an expert witness is hired, he or she is usually part of the proceedings to prove or explain some aspect of the case that others are unable to comprehend. When a claimant may be malingering, the expert could prove this is true or false based on the factors surrounding the claim.

Malingering often occurs due to certain reasons that may be to increase the preservation of the person involved. This means that he or she may be attempting to obtain money or rewards or to protect someone. For malingering to occur during a case, this means that something spoken or supplied about the proceedings is untrue. The data supplied is false in some manner that may even be based on the truth. The claim is frequently applied with fervor, drama and for attention. However, the main distinction in these matters is that the claimant believes what he or she is saying or explaining is true when it is in fact not.

Many that engage in malingering may know that the claim the case is based on is false. Many of these events are difficult to understand due to true acts occurring at one point but are not currently in the proceedings. This means that someone that is malingering could have experienced something similar such as a case of depression or anxiety. Because this person has felt the symptoms previously, he or she may be able to apply that to the current issue as if it were part of the investigation into the current claim. This means that it could appear as if he or she is telling the truth. It often takes an expert to discover that he or she is malingering.

What is Malingering?

For someone to be malingering, he or she is giving information that is false, over-exaggerated, has said or written physical or psychological complaints that are not true or completed any of these acts with the intent to be rewarded. This means he or she is attempting to receive money, drugs, services, a release of imprisonment or some other item. Other acts could be included such as altering evidence so that it appears to be part of the investigation. The activity could also be part of preventing proof from discovery for a case or claim. When applied to a court case, this could reveal further acts the person committed that constitute malingering.

When malingering is more discreet, covert or secretive, it often takes an expert to discern if this has occurred. This means a lawyer may hire an expert witness versed in psychological studies to discover if someone is participating in these activities. This professional may need to study multiple persons to determine if they have taken part in malingering with evidence, testimony and facts of the case. The reasons why behind the malingering may explain the actions taken, but it may also hint at any others or what has been tampered with when revealed. Some experts with a forensic background may be hired to assist with these matters.

The Expert Witness in Malingering Issues

An expert witness that is versed in psychological profiling is hired in many instances where someone may be the subject of malingering actions. The professional may need to analyze various persons, the actions, files on these specific individuals and then apply his or her education or practical experience to determine if any malingering actually occurred. To accomplish this, the expert may needs to draw from past instances and interview certain persons. Some that engage in malingering are unaware of what they are doing in relation to the case. If a claimant has been malingering, he or she could have fabricated an entire situation in the courtroom that should never have progressed that far.

The expert witness may need to determine if this is part of the proceedings, and if malingering has occurred, some evidence may have been tampered with, proof may not exist for the claim and various other concerns may affect the claim. This could mean that an entire line of questioning was pointless due to the actions of the claimant. If malingering was not perpetrated, then the expert witness may clear the individual from these perceived issues. This may take some time to assess due to the intricacies of the mind and behavior patterns. The expert witness may be used both behind the scenes and in the courtroom in these situations so that evidence of malingering is exposed and the matter may be cleared up.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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