MMPI Fake Bad Scale Excluded in Florida Auto Crash Cases

Dr. Paul Lees-Haley, a psychologist, who makes his living primarily helping insurance companes in personal injury cases has designed a “Fake Bad Scale” psychological test to challenge personal injury claimants. An article in the March 5, 2008 Wall Street Journal describes how Dr. Lees-Haley developed the test and convinced the Minnesota Multiphasic Personality Inventory, MMPI, to make the Fake Bad Scale an official subset of the MMPI. This Fake Bad Scale has been used by the KBR unit of Halliburton Inc. to deny disability claims of truck drivers who worked in Iraq by labeling them as malingerers. However, the court in two Tampa, Florida auto personal injury cases has rightly excluded the Fake Bad Scale from the courtroom. The scientific basis of this test has not been properly demonstrated. Furthermore, it has long been the jury’s job to evaluate the credibility of courtroom witnesses. Using a psychological test such as the Fake Bad Scale as evidence in a trial invades the proper province and job of the jury to make that evaluation. The use of a lie detector test is not admissable in court for the same reasons. In essence, Dr. Lees-Haley and the auto insurance companies are attempting to use this Fake Bad Scale as a lie detector test. Our jury system does and should provide justice though jury trials on all the issues, not through a machine or a test designed by an insurance company consultant..
Florida Accident Lawyer