辩方精神病学家的证词:医生你有水晶球吗?
A女士在State Farm投保了UIM保险。他们不愿意支付索赔。 他们雇用了这位精神病学家来做记录审查。以帮助他们质疑伤害索赔。 P医生从未见过或采访过A女士,但作为上帝般的生物,他将证明A女士将她的伤害躯体化,并有 "二次伤害"。 这在现实生活中的意思是,她在编造伤害。 我的工作是证明他才是捏造事实的人。
为了得到完整的味道,你必须想象:a)法庭记者和我在我的办公室里;b)医生从加利福尼亚打电话来;c)辩护律师在他的办公室里打电话;d)当我开始发脾气时,我在空中挥舞手臂,眼睛在头上打转,把头放在桌子上,成为主要的戏剧女王。 你会明白的。 这就是在没有其他人能看到你的情况下进行取证的好处所在。
有一点背景。 A女士在20多岁的时候发生了这种情况,当时她正在获得博士学位。她现在正在做博士后工作。 她提出了医疗费和人身伤害的索赔。 她没有提出工资损失索赔。
I am asking for his opinions. And the fight begins:
25 Anything else?
25
1 A Well, I think I -- I believe she's using her symptoms
2 for secondary gain, that is, to get benefits that she
3 would not otherwise receive.
4 Q So, this -- let me get this straight. She hasn't seen a
5 doctor for psychological issues since two thousand --
6 for almost four years. She functions at a very high
7 level, she is in a successful relationship, and she is
8 making up her symptoms so she can get money from her
9 uninsured motorist insurance company?
10 A No, that's not correct, and that's not what I said. I
11 said --
12 Q Well, it sure sounded like it.
13 A Allow me to finish, please. I said that she has
14 secondary gain motivation. I didn't say that -- you
15 know, any of what you said.
16 Q Well, secondary gain from this litigation means she's
17 trying to get money by making up or magnifying her
18 symptoms.
19 A No, you have a misunderstanding of secondary gain.
20 Q Well, you tell me then what your understanding of it is.
21 A Well, what it means is that she is attempting to use her
22 symptoms -- and as far as I can tell it's unconscious --
23 to get benefits that she would otherwise not receive.
24 If I had evidence that she was consciously, you know,
25 using her symptoms to gain benefits that she would not
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1 otherwise receive, that would be malingering. I'm not
2 saying she's malingering, I'm saying she has secondary
3 gain motivations. That's different.
4 Q So your opinion is that she's not a malingerer?
5 A I did not say that. I said I did not have evidence that
6 she is malingering. I don't know whether she is or is
7 not malingering.
8 Q Am I correct that there is no evidence that she's
9 malingering?
10 A I never said that. She could be.
11 Q Doctor, that's not what I said. I said you have found
12 no evidence that she's a malingerer?
13 A No, that's not correct.
14 Q What evidence have you found that she's malingering?
15 A I've found that she's reporting more physical symptoms
16 than can be objectively accounted for based on the
17 nature of the accident she's experienced.
18 Q Are you telling us on a more probable than not basis
19 that she is a malingerer or not?
20 A I said, I am not -- I do not have -- I do not conclude
21 at this point that she is malingering. However, is it
22 possible she's malingering? Yes, it's possible.
23 Q I don't care about possibilities. We only care about
24 more probable than not. You know that.
25 A At this moment I do not think it's probable she's
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1 malingering. That opinion could change if additional
2 material were provided.
3 Q But you do believe she has secondary gain?
4 A Oh, yes, of course.
5 Q And what is the benefit that she's trying to get?
6 A Well, money, for one. She's trying to get money, she's
7 getting concern, care, support from others -- for
8 instance -- let me just find this. She was -- she
9 was -- she was going to have -- somebody else was going
10 to present a paper for her, and I -- that -- you know,
11 so that she wouldn't have to present it because of her
12 physical symptoms. Now, it turned out that that didn't
13 actually happen. She herself did, in fact, go ahead and
14 present the paper.
15 And also, her supervisor at the University of
16 Washington, he was -- I think it's a he, I'm not sure
17 about that, but whoever her supervisor was, was going to
18 also -- I have to find that. I have it here
19 someplace -- was going to help her out in some way. So
20 those are examples of secondary gain right there.
21 Q Secondary gain because somebody that's as prideful as
22 her and as accomplished as her needs to have help? I
23 find your insinuations to be shockingly rude.
24 A No, you're misinterpreting what I'm saying. I'm saying
25 on a psychological basis, this lady -- okay, look. This
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1 lady has unmet dependency needs. Her parents were
2 divorced when she was four. She was raised by her
3 paternal grandparents until ten. She then -- her father
4 then got custody of her, which is extraordinarily
5 unusual in California, which I believe that happened.
6 And then her mother then got custody of her the
7 following year, okay? This lady has unmet dependency
8 needs. She is using these symptoms that she has to try
9 to get these unmet dependency needs met for secondary
10 gain purposes.
11 Q I find your opinions outrageous. You have not even met
12 her.
13 A I have records that --
14 Q I mean, honestly --
15 MR. CROWELL: Objection, argumentative.
16 Q (By Ms. Koehler) I am absolutely appalled.
17 MR. CROWELL: Is that a question, Counsel?
18 Q (By Ms. Koehler) Oprah Winfrey was abused as a child
19 and she's one of the most powerful women in the world.
20 How can you try to insinuate that she's got secondary
21 gain issues because of her abandonment and family of
22 origin issues? I mean, that is an extraordinary leap of
23 faith.
24 A If she has unmet dependency needs, and if those are
25 there, which I believe they are -- and I can show you
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1 some other evidence for that. But if she does, and I
2 believe that she does, then, she is in a position to
3 attempt to get those unmet dependency needs met, and one
4 of the ways -- and this is unconscious. I'm not saying
5 this lady is doing this consciously, deliberately.
6 Don't get me wrong. She's functioning at a very high
7 level. She's doing very well. But psychologically I
8 believe what I'm saying is going on, and that accounts
9 for some -- some of the -- some of the behavior that we
10 see.
11 Q Doctor, do you have a crystal ball on the other end of
12 that phone?
13 A What are you talking about?
14 Q How can you make this kind of declaration when you've
15 never examined her, when you've said that you're -- that
16 testing should have been performed that wasn't
17 performed, and that there's information that you think
18 is missing? How can you jump to these conclusions when
19 you don't have any basis to make them?
20 A You're wrong. I have my knowledge, training, and
21 experience. I know what happens in these kind of
22 situations. I know what happens when parents are -- you
23 know, when a person -- parents are divorced when they're
24 four years old. I know what that does. There's all
25 kinds of research that indicates what happens.
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1 Q Well, I'm really offended now --
2 A Judith Wallerstein wrote a whole book about this kind of
3 thing in Marin County here. I mean, she's a
4 psychoanalyst. I mean, this is well known. This is
5 hardly something that's not known.
6 Q Well, I have a daughter who was four years old when her
7 parents were divorced and she doesn't appear to have
8 unmet dependency issues. She's functioning quite highly
9 and very well.
10 A Look. Miss A is functioning highly as well. But
11 we're talking accounting for certain kinds of behavior
12 and symptoms. And just because somebody was, you know,
13 parents were divorced when they were four, that doesn't
14 necessarily mean that that will be the result. But in
15 this case, when I put everything together that is
16 present, and you know, using my knowledge, training and
17 experience, I think it's a reasonable conclusion. I
18 think it's more likely than not.
19 Q Well, I think that you should be ashamed.
惭愧这个词后面真的应该有一个感叹号!
但是,也许最令人惊奇的部分是在第二周的交叉检查结束时。 事实上是今天。 在UIM的仲裁程序中。 在对上述废话再次作证后,我问医生是否有任何证据表明A女士在车祸前就已经体化。 他是这样说的。 没有撒谎。 我不是在开玩笑。
她有头痛,这是躯体化的证据。 她也有痛经,这也是躯体化的证据。 我真的在网上查了一下,以确保我的想法是正确的。 是的。 我有。
医生,你是说,头痛和月经疼痛是躯体化的证据。
是的。
因此,一个在月经期间有头痛和疼痛的妇女很可能是将这些事件躯体化了。
是的。
由于只有女性在月经时有疼痛感,我想统计数据显示女性的躯体化发病率比男性高得多。
是的。
捏捏我的腿,以确保没有穿越时空回到1930年代。 是的,女士们,先生们,这就是你的好邻居会雇用的那种辩护专家,如果你在车祸中受伤并提出保险不足的驾车者索赔,他就会对你作证。