LITIGATION STRESS SYNDROME © 1995
This is a relatively newly recognized condition. Due to the increasing number of legal actions, especially in the United States, this problem unfortunately will be encountered with increasing frequency. It occurs when a person is named in a lawsuit.
- The symptoms can be even more intense when the named person is actually innocent. Exaggerated or innacurate complaints often added to a lawsuit (a malicious practice that shames the system) is a highly potent cause. Other factors which can influence the intensity in these cases are whether this is the first time in this person’s life they are involved in a legal action, or if they are out of a generational/cultural background making any legal action a matter of personal fear or shame (e.g. only 'bad people' get sued). The effects may permeate body, mind and spirit!
- A patient may typically report initial shock, dismay, and anger. This is often followed by depressive feelings, especially a feeling of paralysis and lack of power or control over her/his life. Hyperactivity, hyperacute senses and insomnia are common. There is often a feeling of abandonment and aloneness. Despondency can occur, often to the point of self-destructive behavior or even suicide. There are regular exacerbations of paranoia and persecution.
- There can be irrational fleeting thoughts that permeate EVERY activity with or without triggers. Patients say they feel as if there is no escape 24 hours a day! They speak of being the hunted/ the prey. They say they cannot look forward because they have to look behind themselves or over their shoulders at all times. There is a constant 'replaying' of the scenarios that have been claimed to have contributed to situation. They feel haunted day and night by disturbing thoughts. Patients can suffer withdrawal to the point of apathy often described as 'numbness' often resulting in spousal alienation. There is little sharing of feelings for fear of reprisals, doubts and loss of respect from others or further legal repercussions.
- The legal system and the situation itself can promote feelings of paranoia. This may become even more common in the future due to advertised prepaid legal services.
- There is also the moral side. Fighting and winning but perhaps undergoing financial ruin in the process vs. settling and paying what is considered legal extortion. Some patients will say with futility, the only winners are the lawyers in a system where the loser doesn’t pay (a partial solution would be if the party initiating the lawsuit were to lose they would required to have to pay the legal costs of the other party) , and people can get away with frivolous lawsuits. The outcome is always an unknown filled with variables and a delay, perpetuation/ protraction of the suffering with no certain timeline (often years in duration), which only intensifies the stress. It is not well placated with 'go on with life', 'we're just pushing papers', or 'it's just an intimidation game'.
- Lawyers who are particularly punitive, overly-aggressive or felt to be intimidating may be guilty of precipitating this condition (and might be held accountable that they knew or should have known the delicacy of the emotional state, detected it and be liable for the result of their actions?) People who are even more at risk are those who have had a previous bad interaction with a particular lawyer or associated group.
- The associated attorneys or person making the wrongful, frivilous or exaggerated charges may well be guilty of causing this suffering and perhaps in time there will be more cases of lawyers and clients personally sued for damages.
- TREATMENT: As a matter of practicality, doctors and therapists can be helpful by first contacting the patient’s attorney to learn about documentation issues. From the outset, make sure the patient knows your legal boundaries of disclosure (or lack thereof).
- The patient needs reassurance that these feelings are to be expected. The therapist must validate and acknowledge this suffering. There is a tremendous need for communication, emotional support and reassurance. The need for a support group of family and friends is great. There is a need for regular intellectual escape. This can take the form of filling time with mundane TV programs, viewing comedies or movies with clear heroes, doing simple crossword puzzles or engaging in very light reading.
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Therapy and goals:
1- Creation of a therapeutic relationship filled with trust and empathy.
2- Treatment and instruction in self-treatment for stress.
3- Treatment and recovery from stress and its effects.
4- Helping to reframe the problem in the here and now.
5- Integration of this event into the spiritual/philosophical framework
of the individual.
6- The individual should be motivated to do physical exercise.
7- Be aware of the need in some cases to have psychological counseling as soon as is practical.
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- (c) 2000
Another name for this has recently become popular: LEGAL ABUSE SYNDROME
Legal Abuse Syndrome. ORG