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Roger, Attorney
Category: Family Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Opposing counsel wants to argue that adjustment disorder supports

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Opposing counsel wants to argue that adjustment disorder supports his claim that there is "mental instability". How do I counter?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.
Kirk Adams : Is there a medical expert/psychologist, etc. testifying on behalf of the other side to support this claim?

No, there is a psych eval that says adjustment disorder related to not being able to see my son or communicate properly with ex regarding his status


nowhere does it say mental instability

Kirk Adams : Ok. Thanks.

it only says not a danger to himself or others


but recommends ongoing therapy


although doesn't say if it can be as needed

Kirk Adams : Usually, the only way to counter a claim like this is to have another professional provide an opinion that an adjustment disorder is NOT a mental instability.
Kirk Adams : When you're dealing with medical conditions, etc. laymen can't testify regarding those issues.

what if i'm a doctor?

Kirk Adams : Instead, you must have someone qualified to give an opinion about such a thing actually provide an opinion to teh court.
Kirk Adams : Well, you certainly would be qualified, but IF you're an interested party, there's the potential for a conflict of interest.
Kirk Adams : It would be much better to have someone independent speak to this.

well anyone I hire would be an interested party?

Kirk Adams : An interested party is one who is a party to the case, or someone who has a stake in the matter's outcome.
Kirk Adams : A independent medical professional who is paid for his/her opinion shouldn't be considered an interested party.

ok, but how can that person access the psych eval since they don't give out copies?

Kirk Adams : They're just performing a service and their compensation is not dependent on the result.

or should i just have them write on a piece of paper that they don't believe adjustment disorder is the same as mental instability

Kirk Adams : If they documents are for litigation purposes, the court can order them to be provided, or a HIPAA release (including psych info) can be signed.
Kirk Adams : The medical provider could be hired to give an affidavit to state that an adjustment disorder is not a mental instability, but it would be better if the person reviewed the psych eval and any other documentation available upon which an opinion can be based.

ok great. so to sum up, counter with an independent psychiatrist affidavit

Kirk Adams : At the least, yes.
Kirk Adams : You would likely need a written report stating that an adjustment disorder is not a mental instability with an affidavit from the professional stating that the opinion is accurate under applicable medical principles.
Kirk Adams : It may also be necessary for the medical professional to testify at some point.

awesome, thanks.

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