Chapter 5: Malingering: Faking it Till it's Real
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2023
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Forensic Mental Health: From Assessment to Recovery
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Edutech
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Abstract
This chapter examines the complex clinical and legal challenges surrounding malingering—the intentional production or gross exaggeration of physical or psychological symptoms motivated by external incentives—within criminal and civil forensic psychiatric settings. Unlike general psychiatry, forensic mental health assessments require a heightened threshold of suspicion, particularly during medicolegal proceedings or when diagnosing antisocial personality disorder.
The author outlines Resnick's classifications of malingering (pure, partial, and false imputation) and explores Rogers and Neumann's explanatory frameworks (pathogenic, criminological, and adaptational models). Key clinical differentiations are established between malingering, factitious disorders, and somatic symptom disorders based on conscious versus unconscious symptom production and motivation.
The chapter highlights primary assessment indicators, emphasizing the "ABCs" of forensic interviewing (Avoid accusations, Beware of countertransference, Clarification over confrontation, and Security), alongside the role of collateral information and formal validity testing. Finally, it addresses the nuances of identifying fabricated positive psychotic features, such as atypical hallucinations, and provides practical recommendations for reporting findings neutrally without using pejorative language.
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Reference:
- Chapter 5: Malingering: Faking it Till it's Real. In Forensic Mental Health: From Assessment to Recovery. & S. Kaliski, Eds.Cape Town, South Africa: Edutech. 9. http://hdl.handle.net/11427/43298 .