Our Forensic Psychiatric Consulting Services

The Defense Base Act (DBA) is a federal workers’ compensation program designed for contractors working on U.S. military bases or under U.S. government contracts. Contractors with physical or psychological injuries related to their employment may be entitled to receive benefits. ThNK Consultants can assess claimants based on federal standards for DBA claims and render opinions regarding diagnosis and treatment recommendations.

Workers’ compensation claims have evolved over time. ThNK Consultants can opine on physical-mental, mental-physical, and mental-mental injury claims. Although jurisdictions have nuanced differences, establishing a causal nexus (or lack thereof) between the workplace incident and reported injuries is typically a central focus in workers’ compensation cases. ThNK Consultants is additionally familiar with federal programs, such as the Longshore and Harbor Workers’ Compensation Act and its extensions (e.g., the Defense Base Act).

Current or former employees may allege wrongful termination, discrimination, harassment, and/or intentional infliction of emotional distress (IIED). ThNK Consultants can offer opinions regarding employees’ reported emotional reactions and assess for psychiatric diagnoses. We can also provide short-term and long-term treatment recommendations, as appropriate.

Forensic psychiatrists routinely consult on psychiatric standards of care. ThNK Consultants has extensive experience in cases involving completed suicides, psychiatric boundary violations, and improper prescribing, among other issues. Psychiatric damages can also be relevant in medical malpractice cases related to treatment by other medical disciplines. In those instances, ThNK Consultants can assess psychiatric harm claims.

Questions involving the impact of traumatic experiences commonly arise during civil litigation. Our forensic psychiatrists have extensive experience assessing PTSD in both clinical and forensic settings and will provide opinions supported by accepted diagnostic standards and the medical literature.

Damages can occur because of substandard conditions at residential and correctional settings. Those damages may necessitate immediate or long-term treatment needs. ThNK Consultants can assess the potential impact on evaluees of substandard conditions at correctional or residential settings.

Workplace harassment claims often involve allegations of sexual harassment. Questions involving the nature of relationships between coworkers often arise when sexual harassment is alleged. ThNK Consultants can assess for psychiatric diagnoses and treatment needs of claimants alleging damages related to reported sexual harassment.

Questions related to reported symptoms and long-term prognosis of individuals with Traumatic Brain Injury (TBI) are common in civil litigation. ThNK Consultants can review records and assess claimants in order to opine on diagnosis/es and anticipated damages. Our forensic psychiatrists are also comfortable working with experts from other fields, such as neuropsychology, neurology, and orthopedics.

The question of whether an individual had the capacity to execute or alter their Will can be raised by an unsatisfied party after the testator’s death. Forensic psychiatrists often review documentation to render retrospective opinions regarding testamentary capacity and/or undue influence. In addition to this service, ThNK Consultants offers contemporaneous assessments to formally opine on the testator’s capacity at the time they execute or alter their Will.

Forensic psychiatrists conduct assessments during the guilt phase, sentencing phase, and appellate process of capital cases. Common questions involve psychiatric diagnosis, mitigation, criminal responsibility, and future violence risk. ThNK Consultants has experience consulting on all aspects of capital cases.

Adjudicative competence is the most common question addressed by forensic psychiatrists in criminal cases. Typical questions involve trial competence, competence to proceed pro se, and competence to waive Miranda rights, among other specific questions. ThNK Consultants has extensive experience assessing criminal competence.

Most states and the U.S. federal system have legislation pertaining to criminal defendants who lacked mens rea related to psychiatric issues. Most current U.S. standards are based on the M’Naghten Rule or a variant thereof. Diminished capacity is an additional consideration in some jurisdictions. ThNK Consultants has extensive experience assessing criminal responsibility.

Triers of fact commonly consider mitigating factors during sentencing hearings. Psychiatric diagnoses, including substance use disorders and personality disorders, can be mitigating (or sometimes aggravating) factors based on elements of a defendant’s history. ThNK Consultants can assess defendants directly to provide opinions or consult with attorneys preparing to question expert witnesses proffering opinions related to sentencing hearings.

Questions frequently arise post-adjudication regarding appropriate placement, monitoring, and treatment. ThNK Consultants can provide comprehensive reviews of an individual’s legal and psychiatric history to answer questions regarding appropriate post-adjudication arrangements.

Several questions can arise during criminal cases involving alleged sexual offenses. Common questions involve the defendant’s sexual interests and likelihood of reoffending. Sexually Violent Predator (SVP) laws exist in several jurisdictions. Many statutes mandate a structured assessment by a mental health professional. ThNK Consultants is experienced in conducting sexual recidivism risk assessments, which can include administering structured instruments.

Violence risk assessments can be relevant during criminal trials. Additionally, threat assessment often relies upon forensic mental health expertise to analyze behaviors as part of an overall threat prevention and management plan. ThNK Consultants can work with law enforcement, attorneys, or other entities to answer violence risk questions and provide mental health expertise related to threat assessment concerns.

Reports of child sexual abuse frequently give rise to criminal or civil complaints. Civil complaints often involve parties that have a presumptive duty to protect/supervise children (e.g., schools, religious institutions, psychiatric inpatient units, residential treatment facilities, detention facilities, etc.). These claims are more complicated to evaluate when youth have pre-existing mental health symptoms and/or diagnoses. ThNK Consultants’ child & adolescent forensic psychiatrists often review records and evaluate youth with reported sexual abuse in order to assess for psychiatric diagnoses, causation (or lack thereof), recommended treatment, and long-term prognosis.

Children frequently witness events that may give rise to criminal complaints or civil causes of action. Unfortunately, the accuracy of children’s recollection of events can be negatively impacted by a variety of factors, including leading interview techniques by insufficiently trained interviewers and other social factors. Child forensic psychiatrists frequently review videos or transcripts of children’s interviews and other collateral records and/or evaluate children to opine as to their accuracy and reliability in reporting events. ThNK Consultants has significant experience evaluating child witness reliability.

When youth under age 18 are charged with serious crimes, their cases can be transferred from juvenile court to adult criminal court, where they face significantly greater legal jeopardy (e.g., much lengthier sentences, serving time in adult correctional facilities). Child forensic psychiatrists are commonly asked to evaluate youth to determine, from a mental health perspective, the appropriateness of transferring their case to adult criminal court. Often, a youth’s amenability to treatment is an important factor considered. ThNK Consultants can assist in these evaluations.

Litigation can arise when individuals experience adverse events from psychiatric medications. Claims are more likely if a plaintiff believes that an insufficient informed consent process occurred. Youth can be more susceptible to medication side effects than adults, and adverse events can potentially occur more frequently. Additionally, the informed consent process with youth is more complicated than that with adults, and psychiatric medications are prescribed in an “off-label” (though potentially appropriate) fashion much more commonly. ThNK Consultants’ child & adolescent forensic psychiatrists frequently evaluate the appropriateness of prescribing specific medications or particular types of medication in youth, the sufficiency of the informed consent process in prescribing such medication, and the appropriateness of using psychiatric medications in an “off-label” fashion in youth.

Juvenile detention facilities are a unique setting in which mental health care is provided to youth. Consequently, the standard of care (SOC) for provision of these services is also somewhat unique, and established by a variety of means (e.g., institutional policies, state and federal licensing authorities, organizational practice parameters). Therefore, it is crucial to utilize forensic psychiatrists with experience working in and supervising others working in these settings in malpractice or other litigation related to the standard of care provided. ThNK Consultants’ principals have decades of experience providing psychiatric care to youth in juvenile justice settings and are quite familiar with the mental health SOC in such settings.

In some cases, an individual may deliberately harm another individual under their care. This act may be performed by a caregiver on minors, disabled adults, or patients under the care of a medical provider. The impact of these behaviors can be highly detrimental to victims. ThNK Consultants can assess allegations of Factitious Disorder and opine regarding the allegations and long-term outcomes.

Questions central to fitness for duty (FFD) assessments involve an employee’s ability to perform essential job functions. The risk of “direct threat” at the workplace is another common question in FFD assessments. FFD assessments are typically circumscribed and address questions specific to an individual employee’s situation. ThNK Consultants utilizes a consistent process for informed consent and reporting, in line with accepted standards for FFD assessments.

As questions arise during the pre-litigation period and litigation process, ThNK Consultants can answer questions involving selecting expert witnesses, vetting these expert witnesses’ credentials, and evaluating opposing experts’ opinions. ThNK Consultants can also utilize behavioral health expertise to provide input on additional trial-related matters, such as jury selection and framing legal arguments.

Forensic psychiatrists routinely screen for malingering when conducting forensic psychiatric evaluations. ThNK Consultants’ experts are able to screen for malingering through both detailed forensic interviewing and administering structured instruments designed to assess for malingering.

Although maritime claims typically involve questions commonly encountered during domestic case work, there are rules specific to maritime law that differ from those of the U.S. legal system. ThNK Consultants is experienced with maritime law and has consulted on cases in admiralty court.

A single problematic employee can create an HR nightmare for businesses. Executive hires often represent a multi-million dollar investment and can significantly impact the future prospects of a business. ThNK Consultants can provide input into job candidates, assessing for the presence of behavioral patterns and interpersonal styles that are more likely to create problems in the workplace.

Professionals may come to the attention of professional boards (state medical boards, bar associations, etc.) for a variety of reasons. Common scenarios involve concerns regarding mental health issues, erratic behavior, substance use issues, or allegations of unethical conduct. In other instances, professionals require formal “clearance” to return to work in their chosen field after receiving treatment for a mental health concern. ThNK Consultants will work with attorneys and/or professional boards to address questions and provide formal recommendations.

Sexual misconduct unfortunately remains relatively common. Allegations of boundary violations can have a profound impact on both accused professionals and alleged victims. ThNK Consultants can opine on allegations of professional misconduct. In some instances, provision of treatment recommendations for one or both parties may be necessary.