The Borderline Personality Disorder Diagnosis in Plaintiffs

Many lawsuits are brought by plaintiffs who have experienced legitimate emotional harm. Their emotional injuries may be substantial and genuine. However, lawsuits are also brought by individuals whose psychological condition may cause them to perceive themselves to be the victims of harm that is merely imaginary. Such individuals may suffer from a condition known as Borderline Personality Disorder (BPD). The correct diagnosis of this disorder, and effective psychological testimony substantiating that diagnosis, can lead to a defense verdict, although the presence of BPD in a plaintiff does not necessarily obviate his or her damage claims.

Individuals with BPD may appear to have psychological damage resulting from wrongful termination or medical or psychotherapy malpractice. In some instances, their damage claims may be valid. In others, however, what appears to be recently caused damage may prove to be the psychological consequences of an abusive childhood—something with which the plaintiff has lived for years. Individuals with BPD tend to be emotionally over reactive, often suicidal or self-harming, and suffer periods of depression, paranoia or rage that last from hours to days at a time. BPD can co-exist with other psychiatric conditions, such as depression or substance abuse, and it is most often diagnosed in women.
Separating recent damages from chronic damage can be extremely difficult when plaintiffs suffer from BPD. For example, individuals with BPD are likely to overreact to stressors, including medical malpractice or workplace harassment. That their reactions are inappropriate to the circumstances does not always negate the legitimacy of their damage claims. In one case, a woman claimed that her boss’ angry looks and abusive words filled her with fear and made her absolutely unable to return to the workplace. This woman suffered from BPD, and most observers would have considered this woman’s reactions excessive. Nevertheless, careful evaluation revealed bona fide emotional damages, albeit expressed in overly dramatic ways. In a contrasting case, a woman claimed to have had her entire life ruined by a purported long term sexual relationship with her now deceased psychiatrist. She apparently presented a credible account of abuse to her attorney, who represented her as a malpractice plaintiff. Ultimately, the verdict favored the defense after defense psychologists found neither her account of the events nor the nature of her damages to be consistent with the courtroom testimony.

Objective psychological testing provides an important source of information to evaluate claims of emotional damages. Without objective testing, expert psychological or psychiatric testimony may be little more than a retelling of the plaintiff’s own testimony. While there are courtroom advantages to having the plaintiff’s testimony retold to the jury, such expert testimony may not withstand cross examination that reveals it to be highly subjective, if not actually biased. Objective psychological testing, in contrast, cannot be manipulated by plaintiff or defense psychologists. It may support or undermine the plaintiff’s damage claims, and, when carried out properly, may be extremely difficult to refute. Examples of objective psychological tests that might assist in the diagnosis of BPD are the Minnesota Multiphasic Personality Inventory, 2nd Revision (MMPI-2) and the Millon Clinical Multiaxial Inventory, 3rd Revision (MCMI-III). Dr. Williams is trained to carry out both of these psychological tests and has used them effectively in court for both plaintiff and defense. Contact Dr. Williams by telephone or email to discuss your case. [click here for contact info]

home | expert testimony | curriculum vita | interest inquiry | articles