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Describe malingering and fabricated or self-inflicted injuries with their detection.

Forensic Medicine · 2nd Professional — Para-Clinical

Definitions

TermMeaning
Malingering (feigning)The conscious and deliberate pretence of a disease or disability that does not exist, or the exaggeration of a real one, for a recognisable external gain. The motive is always material
Factitious disorderDeliberate production of symptoms, but for the psychological benefit of assuming the sick role — there is NO external gain. It is a psychiatric disorder, not a fraud. Munchausen syndrome is the severe form, and Munchausen syndrome BY proxy is its infliction on a child, which is a form of child abuse
Conversion (dissociative) disorderSymptoms produced unconsciously, without deliberate intent. The patient is not lying, and treating them as though they were is a serious clinical error
ExaggerationAmplification of a genuine complaint — the commonest form in practice, and the hardest to characterise fairly
  • The essential distinction is between deliberate and unconscious production, and between external and internal gain. Malingering is deliberate with external gain; factitious disorder is deliberate with internal gain; conversion is neither deliberate nor for gain
  • Common motives for malingering — compensation after an accident or industrial injury; escaping military or other duty; avoiding work; obtaining a lighter sentence or bail, or transfer from prison to hospital; obtaining drugs; supporting a false criminal charge; and evading a court appearance or an examination
  • Commonly feigned conditions — low back pain, headache, ophthalmic complaints and blindness, deafness, epilepsy, paralysis and weakness, aphonia, insanity, haemoptysis and haematuria, and artificial bruising and skin lesions

CLINICAL PEARL

Do not diagnose malingering unless you can say what the gain is. Malingering requires a deliberate deception for an identifiable external benefit, and if the gain cannot be named, the label is probably wrong. Calling a patient with conversion disorder a malingerer is not merely uncharitable but a diagnostic error — they are genuinely ill, they do not improve when accused, and organic disease is missed in a significant proportion of those so labelled.

Detection

  • Inconsistency is the central finding — between the history and the examination; between the symptoms and any recognised disease pattern; between the patient's account on different occasions; and, most valuably, between behaviour when observed and when the patient believes they are unobserved
  • Prolonged and repeated observation, preferably as an inpatient and by nursing staff rather than by the doctor at set times, is the most productive method
  • The symptoms do not fit anatomy or physiology — a sensory loss ending in a straight line, weakness that gives way in a ratchety manner, a "paralysed" limb that does not fall onto the face when dropped, or a claimed total blindness with normal pupillary responses and intact optokinetic nystagmus
  • Objective tests do not corroborate — normal nerve conduction, evoked potentials, imaging and biochemistry in the presence of gross claimed deficit
  • The response to treatment is atypical, and improvement follows the resolution of the external issue rather than the treatment
  • The examination should be thorough and repeated, and organic disease must be excluded properly — the risk of missing genuine illness is much greater than the risk of being deceived

Self-inflicted and Fabricated Injuries

  • These are injuries produced by the person themselves, or with the help of another, to support a false accusation — typically of assault or of attempted robbery — or to obtain compensation, or to avert suspicion from themselves
  • Characteristic features — situated on parts easily reachable by the person's own hand, and therefore on the front and left side in a right-handed person; sparing vital, sensitive and inaccessible areas — the eyes, the nipples, the genitals, the back and the back of the head; multiple, superficial, parallel and of uniform depth, since the person controls the force; all of the same age; not corresponding to any damage on the clothing, which is often removed or arranged first; and inconsistent with the alleged weapon or account
  • The account is usually elaborate and improbable, the person is unusually composed, and there are often no defence injuries despite an alleged struggle
  • The distinction from genuine injury rests on the whole pattern, not on any single feature; a genuine assault may occasionally produce a similar distribution, and an opinion should be expressed cautiously
  • Suicidal hesitation cuts — multiple superficial tentative cuts beside a deeper one, on the wrist, front of the neck or precordium — are separated from fabricated injuries by intent, and usually by pattern as well

Applied Aspects

  • Exclude organic disease thoroughly before considering malingering; follow-up studies repeatedly show organic illness later emerging in patients dismissed as feigning, and the reputational and clinical cost of that error is far greater
  • Do not confront or accuse; it is not the doctor's function to expose the patient, it destroys any therapeutic relationship, and it invites a complaint. Record the findings objectively and let them speak
  • Record the inconsistencies factually — what was observed, when, and by whom — without characterising the patient; "walked unaided to the toilet at 0230, observed by staff nurse" is evidence, whereas "clearly malingering" is an opinion that will be attacked
  • Describe self-inflicted injuries by their features and state that they are consistent with self-infliction, giving the reasons; a bare assertion is worthless in court and a reasoned one is difficult to dislodge
  • Remember factitious disorder and conversion disorder are illnesses requiring psychiatric referral, not moral judgement; and that Munchausen syndrome by proxy is child abuse requiring child protection action
  • Be cautious in compensation cases, where both over-diagnosis and under-diagnosis carry consequences, and where the doctor's report may be the whole basis of a very large claim

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