MALINGERING

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CHAPTER THIRTEEN MALINGERING

INTRODUCTION

In a framework for disability, the examining physician needs to understand the interaction between the disability and the factors affecting a return to work. In this model of interaction, a pathologic condition is the disturbance of normal bodily processes at the cellular level. Impairment is a specific loss of function. Functional limitation is the lack of ability to perform an action or activity. Disability is the inability to perform socially defined activities. Quality of life refers to the patient’s concept of total well-being. Risk or cofactors include biologic, environmental, lifestyle, and behavioral characteristics that are associated with musculoskeletal conditions. Whether people with specific physical limitations are disabled depends on their expectations, resources, and the demands of their physical environment.

Feigned illness, or malingering, is a sensitive medicolegal issue. Illness or injury that cannot be supported by medical fact confounds the physician’s diagnostic procedures and health care delivery; it also serves as an element of fraud in the third-party payer system. Patients participating in this behavior are a bane.

ORTHOPEDIC GAMUT 13-1 COMMONLY USED PROCEDURES IN DETERMINING EXISTENCE OF COGNITIVE MALINGERING

Not all patients who feign an illness are completely aware of their actions. Some patients embellish symptoms and physical signs as learned responses or traits, whereas others describe physical problems with hysterical emotional overlays. The latter group is influenced mostly by fear of the unknown. Depression bears a significant relationship to pain (Box 13-1).

ORTHOPEDIC GAMUT 13-2 DSM-IV* SYMPTOM SPECIFIC CATEGORIES IN EXCESSIVE COGNITIVE SYMPTOMS

* DSM-IV, Diagnostic and Statistical Manual of Mental Disorders, fourth edition.
NOS, Not otherwise specified.

Two major categories of hysterical disorders are identified: patients with a fictitious illness, such as in malingering, and patients with Munchausen syndrome. Both types of patients are those with signs and symptoms that have no organic basis but who are not deliberately attempting to mislead the examiner.

Trivial physical trauma or disease is often at the root of a portrayed illness or injury. In many instances, by the time symptom embellishment is clinically recognized, the complaints are of such a magnitude that they are completely incongruous with the original illness or injury. A patient who originally experienced a minor, clinically documented upper respiratory infection now describes symptoms and subjective complaints that resemble those for histoplasmosis or black lung disease. Yet another patient may complain of total leg disability after a minor thigh contusion. Both patients have in common the total lack of clinical findings to support the complaints, and some type of secondary gain serves as a driving force behind the medical charade.

Individuals may feign physical symptoms to continue in a less-strenuous job at work, or they may do so to receive a parking space closer to their place of employment. These individuals may also fake symptoms to gain control over family members or fellow workers. The injured party may also allow others to do work the patient would ordinarily do.

The diagnosis of hysteria should be established based only on positive evidence. Even if the patient has an obvious hysterical disorder, a serious organic illness may still be present.

Conversion symptoms have a physiologic or pathologic substrate. A conversion disorder denotes a process in which a patient’s emotions become transformed into physical (motor or sensory) manifestations. These patients are asking for help but in an inappropriate way. Conversion symptoms often occur in mentally defective individuals or in adolescents as a way of coping (albeit inadequately) with the environment. Common presentations include blindness, deafness, paresis, sensory disturbances, ataxia, seizures, and unconsciousness.

Malingering is the conscious misrepresentation of thoughts, feelings, and facts, and it is a condition in which symptoms and signs associated with pain or dysfunction are either partially or entirely feigned for secondary gain. Most commonly, malingering occurs in the setting of the workplace, where workers’ compensation is an issue.

Labeling patients as hysterics, frauds, or malingerers is difficult. This task is rarely accomplished without reaping the wrath of the patient or substantial legal repercussions.

The actual percentage of patients who are malingerers is undetermined. However, estimates suggest that 2% of all patients seeking health care are malingering. Obviously, the ascertainment of the inaccuracy of a patient’s report of pain and disability is a difficult process, but the possibility of malingering should be raised in the mind of the treating physician when major discrepancies or inconsistencies appear in the patient’s medical situation. In this effort, outcome measures for the assessment of work capacity, work tolerance, dependable ability, and task demand are useful tools (Table 13-3).

TABLE 13-3 DISTINCTIONS AMONG WORK CAPACITY, WORK TOLERANCE, DEPENDABLE ABILITY, AND TASK DEMAND

image

From Demeter SL, Andersson GBJ, Smith GM: Disability evaluation, St Louis, 1996, Mosby.

TABLE 13-2 MALINGERING, HYSTERIA, AND EMBELLISHMENT CROSS-REFERENCE TABLE BY SUSPECTED SYNDROME OR TISSUE

Anesthesia

Blindness Cerebellar lesions Consciousness Deafness Facial anesthesia Facial pain Seeligmuller sign General pain Lower back Olfactory nerve Anosmia testing Paresis Sciatica Stoicism Stoicism indexing Trigeminal nerve Anosmia testing

OUTCOMES ASSESSMENTS

The health assessment questionnaire (HAQ) is a self-administered instrument that assesses discomfort and disability. It is used to measure outcome in many different neuromusculoskeletal diseases. Disease-specific instruments have been produced to help follow outcomes in several other neuromusculoskeletal diseases. This area includes a fibromyalgia impact questionnaire. The activity of inflammatory neuromusculoskeletal diseases can be assessed through serologic measures. Separate measures of both tender and swollen joints can be charted on a homunculus. A generic measure of anxiety and depression, such as the hospital anxiety and depression (HAD) scale, allows psychologic variables to be assessed independently from orthopedic disease-related outcomes. The EuroQuol® thermometer is one of the instruments that uses a simple visual technique to allow people to assess their own health status; the disease repercussion profile is another such resource (Box 13-2).

Armed with Borg pain scales, Oswestry disability indices, symptom magnification indexing, Dallas Pain Questionnaire, Waddell indexing (Table 13-4), and neuroorthopedic malingering tests, the physician is able to substantiate or refute the existence of malingering in any given case. These tests and indices are usually used in combination with the more traditional neuroorthopedic physical examinations. A singular positive finding or test does not indicate that the patient is magnifying or faking symptoms. Rather, the malingering diagnosis is based on the preponderance of positive malingering test findings and the absence of findings from traditional neuroorthopedic tests. Any positive findings must be further correlated with the medical history of the patient. The constellation of positive malingering tests, normal findings in traditional tests, and medical history discrepancies form the malingering diagnosis. Malingering and psychogenic rheumatism patients complain primarily of pain, sensory losses, or paralysis in any combination.

TABLE 13-4 NONORGANIC PHYSICAL SIGNS INDICATING ILLNESS BEHAVIOR

  Physical Disease/Normal Illness Behavior Abnormal Illness Behavior
Symptoms
Pain Anatomic distribution

Numbness Dermatomal Whole leg numbness Weakness Myotomal Whole leg giving way Time pattern Varies with time and activity Never free of pain Response to treatment Variable benefit Signs Tenderness Anatomic distribution Axial loading No lumbar pain Lumbar pain Simulated rotation No lumbar pain Lumbar pain Straight-leg-raising Limited on distraction Improves with distraction Sensory Dermatomal Regional Motor Myotomal Regional, jerky, giving way

From Waddell G, et al: Symptoms and signs: physical disease or illness behavior? Br Med J 289:739, 1984, British Medical Association.

GENERAL PROCEDURES

Psychogenic Rheumatism Profile

Patients with psychiatric disorders may develop pain as part of the symptoms associated with mental illness. Patients with pain may also develop psychiatric disorders as part of the symptoms associated with the physical illness. Pain associated with neurosis is more common than pain associated with schizophrenia or endogenous depression.

ORTHOPEDIC GAMUT 13-7 PSYCHOGENIC RHEUMATISM*

Symptoms and signs of psychogenic rheumatism are:

ORTHOPEDIC GAMUT 13-8 COMBINED EMORY AND ELLARD INCONSISTENCY PROFILES*

Data from Ellard J: Psychological reaction to compensable injury, Med J Australia 2:349-55, 1970; and Brena SF, Chapman SL: Pain and Iitigation: textbook of pain, London, 1984, Churchill Livingstone.

BOX 13-6 DESCRIPTION OF MMPI-2*

From White AH, Schofferman JA: Spine care, vol 1-2, St Louis, 1995, Mosby.

L, F, and K are validity scales.

Special Hand Signals by the Patient

How a patient uses the hands to describe the area of pain is useful in determining the validity of the complaints. At first, malingering patients take care not to touch the area they claim experiences pain. Because the complaint is a sham, touching of the part abets the lie. The examiner often inadvertently aids this process by physically touching the area of complaint before the patient has. The patient now only has to agree with the frustrated examiner concerning the exact location of the pain (Fig. 13-1).

The psychogenic rheumatic patient uses the whole hand to paint the area of involvement with pain. Because this type of patient perceives the lesion abnormally, the distribution is painted to cover a whole body part. This pain crosses more than one dermatome boundary, and this patient’s discomfort is real. The discomfort may have origin in an organic lesion, but because of learned responses or fear, the patient rubs the whole part with the hand to indicate its extent. Careful questioning and guidance will help this patient better define the most focal trigger areas (Fig. 13-2).

Patients with organic, pain-producing lesions are concerned that the source of the pain might be missed. When directed to point to the pain, this type of patient will touch the part with one or two fingers, which is representative of a more focal appreciation of the discomfort. In severe expression of the symptoms, this patient also may place the examiner’s hand on the exact location of the pain. These patients do not want to risk having the source missed and not treated (Fig. 13-3).

PAIN QUALIFICATION AND QUANTIFICATION

Overview

Pain disrupts the life of the individual in terms of relationships with others, self-esteem, ability to complete tasks of daily living and to work, and ability to function as a member of the community. Disability is strongly correlated with attitude to illness; these considerations underlie the importance of assessing patients’ beliefs regarding the nature and prognosis of their pain (Table 13-5).