Discrediting the Fake Bad Scale - On Demand

Aaron DeShaw

Format: On Demand Program
Price:
Sale price$56.25 Regular price$75.00

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*Plaintiff's Only Product

Malingering and somatoform disorder defenses are commonly used against legitimate injuries. Insurers and defense doctors like to infer that your client is a liar or is exaggerating their symptoms. In many cases, the defense relies upon 43 questions from the Minnesota Multiphasic Personality Inventory (MMPI), called the “Fake Bad Scale” or “Symptom Validity Scale,” to allege that they can identify malingering or symptom magnification. This test, created by a defense psychologist, has since been used to discredit injury claims since 1991. But what if this test, represented as valid science to jurors, is actually junk that is inadmissible at trial?

In this presentation, Trial Guides founder and noted brain injury lawyer, Aaron DeShaw, provides 12 reasons why the Fake Bad Scale is not valid and how you can either strike the test through motions, or expose the defense doctor for using junk science in an attempt to mislead the jury. DeShaw teaches the basis to strike, and how to approach a cross-examination of the defense neuropsychologist or psychiatrist in deposition and trial.

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On Demand Program: 72 minutes plus 23 minutes of Q&A
Original Air Date: 09/23/2020