Return to Contents

PIBULJ Articles

A comment of the (over)diagnosis of Post Traumatic Stress Disorder

Robert J. Edelmann

Summary

With regard to personal injury claims, Post Traumatic Stress Disorder (PTSD) is one of the most frequently diagnosed mental health problems.  This brief comment argues that all too often far too little care is taken in medico-legal assessments, with PTSD regularly being misdiagnosed with the diagnosis even being used when the nature of the index accident does not warrant it.  Not only is this likely to increase the scepticism with which insurance companies view claims it will, in the long term, be to the detriment of genuine claims for PTSD.

The ‘traumatic’ event

As with all mental health problems, PTSD can be diagnosed with regard to either the International Classification of Diseases and Related Problems (now in its 10th Edition as ICD10) or the Diagnostic and Statistical Manual of the American Psychiatric Association (now in its 4th Edition as DSMIV).  PTSD, unlike any other mental health diagnosis (with the exception of Acute Stress Disorder) requires a specific trigger event to initiate the disorder; the nature of this quite clearly specified by both ICD10 and DSMIV.  The necessary characteristics for the event are regarded as the ‘entry criteria’ for the disorder.  In other words, if the event does not meet such criteria then consideration of any symptoms the claimant might report in relation to PTSD is inappropriate.  ICD10 is quite clear that the trigger event must be “of an exceptionally threatening or catastrophic nature, which is likely to cause pervasive distress in almost anyone”.  This, one would presume, would rule out minor rear end collisions in which minimal damage has been caused to the vehicles concerned and any physical problems (most usually described as ‘whiplash’) have dissipated in a matter of weeks.  However, I have lost count of the number of reports I have seen from both Psychiatrists and Psychologists which in such instances have insisted that in their opinion the claimant has developed PTSD. 

Entry criteria according to DSMIV are somewhat more open to interpretation.  The two criteria specify (A) the person experienced, witness, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others and (B) the person’s response involved intense fear, helplessness, or horror.  This would clearly rule out instances of injuries sustained by lifting a small box, a car rolling backwards into the claimant’s vehicle or slipping on a floor, all of which I have seen in Expert reports as supposedly giving rise to PTSD.

The symptom profile

Having decided whether an event is of sufficient magnitude to be considered in relation to PTSD the next consideration is whether the symptoms reported by the Claimant match the profile required for a full diagnosis.  As with the entry criteria, the ICD and DSM differ with regard to symptoms required for a diagnosis of PTSD.  Indeed, research studies indicate that PTSD is diagnosed twice as often under ICD criteria in comparison with DSM criteria.  This is partly because with ICD the symptoms are less precisely stated but also because the methods of assessment for DSM have become more refined.  Structured diagnostic interview schedules have been developed to specifically assess for PTSD according to DSMIV criteria.  The advantages of such schedules are manifold; not only do they allow for the quantification of symptoms according to agreed criteria hence increasing consistency, they also allow for probing of reported symptoms.  There is for example a major difference between a report of occasional bad dreams or apparent ‘flashbacks’ (which may well simply imply the person occasionally pictures the event) subsequent to an index accident and a report of regular intrusive and distressing dreams and images which are specifically accident related.  It is perhaps not surprising in view of this that structured diagnostic interviews increase the reliability of diagnosis (it is far more likely that clinicians will agree on a diagnosis when such a schedule has been used).  I have seen expert reports offering a diagnosis of PTSD when it is unclear whether the reported difficulty is actually a PTSD symptom and indeed, in spite of insufficient symptoms being reported in relation to diagnostic criteria. 

The gold standard for PTSD interviews is the CAPS (the Clinician Administered PTSD scale) although there are others which also have adequate reliability.  Clearly unstructured interviews whether in the form of a Mental State Examination or a Clinical Assessment will have limitations in medico-legal contexts.  Indeed, in a recent paper, Koch, O’Neill and Douglas (2005) state: “Whereas it is possible, using available structured interviews and specific psychological tests, to reliably diagnose PTSD, assessments of PTSD that do not use such empirically supported methods are likely to be of limited reliability” (p129).                       

Additional information

Medico-legal assessments in Personal Injury cases are undertaken months and sometimes years after the index event.  A great deal of psychological research illustrates that people “reconstruct” memories of past experiences based in part on their current circumstances.  Someone assessed at six month post accident when it is assumed that residual symptoms of ‘whiplash’ will dissipate over the ensuing months will perceive a comparable index event quite differently from someone assessed at two years post accident who is still reporting ‘whiplash’ symptoms which do not seem to be dissipating.  A review of the contemporaneous medical records is essential to gain a clearer understanding of the index accident and the seeming effects it has had on the individual.  For example, is the complete lack of any reference in the GP records to psychological difficulties post accident compatible with a diagnosis of chronic PTSD?  It could be if the person has rarely attended their GP in the past and would be unlikely to report mental health difficulties to them; it would be less likely if the converse were the case.                       

Symptoms of PTSD increase the likelihood that the person will have work related difficulties.  Is an observation that someone has returned to work shortly after an index accident and then continued working without any apparent difficulty consistent with a diagnosis of chronic PTSD?  Although this would depend in part on the characteristics of the individual claimant it would certainly raise concerns about a diagnosis of chronic PTSD.  The bottom line is that it is essential to obtain as much background and collateral information as possible in order that any diagnosis can be adequately informed and the risk of misdiagnosis reduced.  I have frequently seen a claimant’s perception of events and the attribution of all their difficulties to an index event accepted unquestioningly by the expert with very little attempt made to place the event within the person’s broader life context.   

Conclusions

In my experience PTSD is over diagnosed in medico-legal contexts with too little thought given to the reliability of assessments.  Insurers are likely to become increasingly and quite reasonably sceptical of diagnoses of PTSD made in the face of seemingly trivial RTAs and minor mishaps.  This can only be to the detriment of genuine claims for PTSD which are then unnecessarily questioned.  However, unless a thorough and reliable assessment has been undertaken it is not difficult to see how even in the latter instance a claim can be undermined.               

Reference

Koch, W. J., O’Neill, M & Douglas, K. S. (2005). Empirical limits for the forensic

assessment of PTSD litigants.  Law and Human Behavior, 29, 121-149.

Robert J. Edelmann is Honorary Professor at the University of Roehampton and can be contacted via e-mail at r.edelmann@btinternet.com

Return to Contents






© Copyright Law Brief Publishing Ltd, all rights reserved.   Site produced by Garry Wright, 3001 Internet