Home

Privacy
About Us
Contact Us
Link To Us
Advertise
Personal Injury Blog

IN LAW

Assault & Battery
Bad Faith Insurance
Car Accidents
Clergy Sexual Abuse
Defamation of Character
Definition of Libel
Dog Animal Bites Law
Dram Shop Liability
DUI Laws
Elder Abuse Law
Employment
Enviornmental Law
False Arrest
False Imprisonment
Gender Discrimination
Infliction of Emotional Distress
Invasion of Privacy
Legal Malpractice
Malicious Prosecution
Nursing Home Abuse & Neglect
Personal Injury Advice
Personal Injury Cases
Personal Injury Claims
Personal Injury Compensation
Personal Injury Insurance
Personal Injury Investigations
Personal Injury Lawsuits

Personal Injury Settlements
Police Misconduct
Premises Liability
Recovered Memory
Restorative Justice
Settlement Funding
Sexual Harassment
Slander Laws
Whistleblower Laws
Wrongful Death

Wrongful Termination

OF LAWYERS

Personal Injury Lawyers By State:

AK AL AR AZ CA CO CT DC DE
FL GA HI IA ID IL
IN KS KY LA
MA
MD ME MI MN MO MS MT
NC
ND NE NH NJ NM NV NY
OH OK OR PA RI SC SD TN
TX
UT VA VT WA WI WV WY

Personal Injury Lawyers
-
Asbestos
- Car Accident
- Domestic Violence
- Medical Malpractice
- - Birth Injury
- - Brain Injury
- Product Liability

LEGAL TERMS

Legal Terms & Definitions
- Civil Lawsuits
- Class Action
- Compensatory Damages
- Definition of Tort
- Informed Consent
- Intentional Torts
- Loss of Consortium
- Negligence Claims
- Punitive Damages

-Statute of Limitations

OF MED. MALPRACTICE

Medical Malpractice
- Birth Injuries
- Brain Injuries
- Dental Malpractice
- Gastric Bypass Litigation
- Medication Errors
- Psychiatric Malpractice

Of Products ...

Product Liability
- Bextra
- Celebrex
- Mesothelioma
- Ultram
- Vioxx

Medical Injuries ...

Back
Foot
Hand
Knee
Mesothelioma Treatment
Shoulder

Spinal Cord

Specific Injuries ...

Asbestos Dangers
Avoiding

Blast
Boxing

Electrical
Fireworks

Lifting

Personal Safety

PPH
Skateboard
Slip and Fall
Sports

Of Interest

Celebrity Lawsuits
Frivolous Lawsuits
Funny Accidents
Hurricane Katrina
Jessica Lunsford Act
Lawsuit Abuse
Megan's Law
Tort Reform
Weird Accidents

More Info
News
FAQs
Resources

 

 

 

 

 

     
 

Recovered Memory Lawsuits

Recovered memory lawsuits have swung both directions since the 1980's. Many adult's who had undergone Recovered Memory Therapy (RMT) and had recollections of previously repressed memories of child sexual abuse or ritual abuse were bringing lawsuits against their abusers.

 

Personal Injury Lawyer Referral
Find a qualified and extremely competent personal injury lawyer in your location.
 

When the pendulum within the psychological and legal communities swung the other direction in the late 1990's and RMT became discredited and seen as a method to implant false memories, then people started suing their psychologists and psychiatrists for implanting those memories, and breaking up their families.

Currently, the theory of repressed memories is out of favor in both the psychological and legal communities, though there is much evidence supporting the existence of repressed memories. One of the problems of bringing a recovered memory lawsuit against an alleged abuser today involves three aspects. First, the field of Recovered Memory Therapy has been so discredited within the psychological community that many more expert witnesses for the opposition can be rallied than for the plaintiff.

Second, there have been many large judgments and settlements played out in the media against those who practice RMT, that finding an untainted jury pool would be almost impossible. Third, psychological research has yet to devise a way to discern between authentic recovered repressed memories and other memories, which may not be accurate.

Recovered memory lawsuits have become a "memory war" between plaintiff and defendant. Jurors will have to decide whose memory is correct, if there is little corroborating evidence to support the claims. In today's world, for recovered memory lawsuits to prevail, they need to have corroborating evidence preferably from other witnesses who have not repressed the abuse. The problem inherent with most child sexual abuse cases, years after the fact, is that witnesses are few and far between. Also, in order to prove a recovered memory case, some therapist-client confidentiality may need to be breached, with the permission of the client, in order to prove memories were not suggested by the therapist.

Proponents for Existence of Recovered Memories

The Recovered Memory Project at Brown University cites 101 documented cases of recovered memory involving sexual abuse. These findings have, for the most part, been left standing without argument by the critics of the existence of repressed and recovered memories. In July 1976, the Chowchilla, California bus kidnappings made headline news. Much has been documented to date about the role of amnesia and PTSD in children in regards to traumatic events. Other memory experts such as Elizabeth Loftus acknowledge the existence of amnesia and recall following traumatic events. The DSM-IV (diagnostic manual) by the American Psychiatric Association recognizes dissociative amnesia, posttraumatic stress disorder and dissociative identity disorder, which all mention repressed memories.

Critics Against the Existence of Recovered Memories

Some critics cite the Lost in the Shopping Mall study (also created by Elizabeth Loftus) to indicate how therapists can implant patients with false memories. The name False Memory Syndrome (not recognized by the DSM-IV) has been bandied about the media to denote the existence in some people of highly vivid but false memories. But, the most damaging evidence on the side of the critics is in some of the high-profile cases where large awards were granted in recovered memory lawsuits when the repressed memories were proven to be false and accusers later recanted the abuse. One of the largest settlements was in October 1997, when Patty Burgus sued Bennett G. Braun, M.D., and received $10.75 million. In August 1995, Vynnette Hamanne sued her therapist and was awarded $2.67 million in damages. In August 1997, Lynn Carl sued her therapist, Dr. Gloria Keraga and was awarded $5.8 million for charges of implanting false memories concerning murder, cannibalism and incest.

So, which is correct - do repressed and recovered memories exist or don't they? Overwhelming evidence points to the fact that recovered memories do in fact exist. But, there is also some evidence to support the argument for false memories. Vulnerable people, it can be argued, may be subject to either one or both. The reality is, recovered memory lawsuits of today will be a very hard sell to a jury without some corroborating evidence. Also, one needs to be aware of the statute of limitations involving recovered memory lawsuits as they can vary from each state.

 

 

 

 

 

 

 

 

 


 

 


 

  COPYRIGHT 2016 ALL RIGHTS RESERVED Major Injury Law