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27 JPsychiatry L549
27 JPsychiatry L549
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The Journal of Psychiatry & Law 27/Fall-Winter 1999
D. The Skeptics have argued either that (1) MPD does not exist as a
skeptics' naturally occurring psychiatric condition and is the product
position on of misdiagnosis; because MPD typically co-exists as a diag-
iatrogenesis nosis with a number of other psychiatric conditions, these
other conditions more parsimoniously explain the condition
than MPD; or that (2) MPD exists, but only as a product of
suggestive influences in therapy. According to this latter
viewpoint, a diagnosis of MPD can legitimately be made:
Alter personality states do exist, but only because they were
created in treatment. With respect to malpractice claims, the
former viewpoint pertains to allegedly negligent diagnostic
practice, and the latter to allegedly negligent or substandard
treatment. Because of the rapid increase in malpractice suits
alleging implanting a false MPD diagnosis through sugges-
tive and coercive treatment, we will critically examine the
scientific evidence used by plaintiff expert witnesses in sup-
port of this claim.
F. Conclu- Since the error rate in these largely anecdotal case studies
sions drawn and assessment studies is unknown, it is premature to draw
from firm conclusions about the prevalence rate for secondary per-
anecdotal sonality states. The extent to which sampling biases, expecta-
case studies tion effects, demand characteristics, experimenter biases, and
and quasi- other artifacts confound the results in these studies is also
experimental unknown, since none of these studies used adequate experi-
studies mental designs to control for these and other possible con-
founding variables. At best these reports are suggestive of a
568 IATROGENIC DID: EVALUATION OF EVIDENCE
Spanos does not believe the alter emerged, but rather was
created by the hypnotic interview. He says:
A social psychological conceptualization suggests instead that
people learn to enact the role of the multiple personality patient
. . . using available information to create a social impression that
is congruent with their perception of situational demands and with
the interpersonal goals they are attempting to achieve.93
hypnosis, while the control subjects filled out the same ques-
tionnaires without hypnosis.
Overall the data from all three Spanos et al. experiments, and
from the Frischholz and Sachs experiment, demonstrate that
certain subjects who are encouraged to role play second iden-
tities according to an explicit set of instructions may report
secondary personality states with or without hypnosis. These
reports represent a complex interaction of subject variables
(hypnotizability, fantasy-proneness, pre-existing attitudes and
beliefs) and the nature of the interview context (expectancies,
explicit instructions provided, and the way the interview is
conducted). Apart from demonstrating the complexity of the
variables involved in the generation of secondary-personality
reports, considerable caution is warranted with respect to
Spanos's interpretation of these data as evidence supporting
iatrogenic MPD. There is a vast difference between the pro-
duction of a temporary report in a laboratory and a genuine
enduring psychiatric condition.
2. The problem How do we critically evaluate the evidence from the Spanos
of ecological research? These studies might be criticized on the grounds of
validity ecological validity. It is doubtful whether inducing relatively
healthy college students to temporarily enact secondary per-
sonality roles is an adequate demonstration that a major psy-
chiatric disorder, MPD per se, can be created in the
laboratory. Furthermore the motivational context of the labo-
ratory experiments was quite different from the clinical con-
text in that laboratory subjects were told they must role play
being an accused murderer. This research context biases the
subjects' responses in favor of pretending and then lying to
avoid criminal responsibility as part of their enacted role-
not exactly a context of "openness" conducive to the therapy
setting.
Spanos's view of the MPD patient also presumes that the sub-
ject is an active agent who correctly understands social inter-
action rules and remembers them accurately so as to enact the
desired role. By way of contrast, DSM defines MPD as a loss
of executive control. The MPD patient often engages in expe-
riences that are subsequently disremembered. By limiting his
research to healthy college volunteer subjects, Spanos fails to
establish whether genuine MPD patients are capable of skill-
fully interpreting the social contextual rules in the way he
portrays. Demonstrating temporary "multiple identities" in
healthy simulating laboratory subjects certainly is not the
same as demonstrating that the MPD disorder can be created.
IATROGENIC DID: EVALUATION OF EVIDENCE
Simson adds:
My hypothesis is that MPD is an iatrogenic, largely culture-bound
disorder. . . .Selective reinforcement of symptoms, unconscious
and conscious, progressively shapes the symptoms and behavior of
the patient, and the depiction of MPD is elaborated and reinforced.
Patients usually show clear primary and secondary gain,
69
but this is
often not noted or acknowledged by their therapists.
Lilienfeld et al. do not assert that all cases of DID are the
result of suggestive therapeutic practices. They believe the
etiology of DID is the product of the complex interaction of a
variety of factors, such as personality factors (absorption,
fantasy-proneness, and type of psychopathology), sociocul-
tural scripts available through the media and popular litera-
ture, and certain therapy techniques and/or interviewing
practices that serve to "reify" alter personalities:
Patients with DID synthesize these role enactments by drawing
upon a wide variety of sources of information, including the print
and broadcast media, cues provided by therapists, personal experi-
ences, and21observations of individuals who have enacted multiple
identities. 1
We are not taking the position that iatrogenic MPD does not
occur. That is a matter to be determined by appropriate scien-
tific inquiry. Our position is that an adequate body of scien-
tific evidence supporting the iatrogenic DID hypothesis
certainly does not currently exist. A handful of anecdotal
case studies and three methodologically flawed experimental
studies from the same laboratory are a remarkably poor data
base of evidence. The burden of proof is on the plaintiff
alleging suggestively created MPD in psychotherapy to pro-
duce sufficient and credible scientific evidence. We therefore
agree with the recent holding by the Washington Supreme
618 IATROGENIC DID: EVALUATION OF EVIDENCE
Recently the Frye and Daubert rules have been used to either
admit or disallow expert testimony in civil and criminal cases
based on recovered memories of childhood abuse. The pre-
trial determination is based on whether or not the concept of
recovered memories is generally accepted within the scien-
tific community (the Frye standard) and whether or not there
is a generally accepted body of reasonably methodologically
sound experimental findings published in peer-reviewed
professional literature that supports the expert's scientific
opinion. Expert witnesses favoring memory testimony have
convinced judges that recovered memory testimony is not
"scientific" in New Hampshire (State v. Hungerford), Rhode
Island (State v. Quattrocchi) and Maryland (Doe v. Maskell),
but were unsuccessful in Michigan (Isely v. Capuchin
Province) and Massachusetts (Shahzade v. Gregory).232 Their
strategy was based on a highly selective, outdated review of
the scientific literature of recovered memories. More recently
Brown, Scheflin and Whitfield23 have addressed the logical
and evidentiary errors inherent in the strategies used by pro-
false-memory expert witnesses to argue against the admissi-
bility of recovered memories in the courtroom, and they have
summarized the current scientific literature on dissociative
amnesia for recovered memories of childhood sexual abuse.
Currently a total of 68 data-based experimental studies exist,
all of which present evidence documenting substantial forget-
ting and later recovery of childhood abuse memories. These
68 studies include 35 studies published in peer-reviewed
journals and another 19 from other peer-reviewed sources.
The studies represent progressive methodological improve-
ments and thus lower error rates. Brown et al. argue that
this substantial data base clearly meets a Frye-Daubertstan-
dard favoring admissibility of recovered memory testimony,
and that courts that have decided against admissibility have
not appraised themselves of this rapidly growing scientific
evidence.
XII. Conclusions
1. At present the scientific evidence is insufficient and inade-
quate to support plaintiffs' complaints that suggestive influ-
ences allegedly operative in psychotherapy can create a major
psychiatric disorder like MPD per se. While secondary role
enactments sometimes occur in the laboratory with and with-
out hypnosis, there is virtually no scientific support for the
unique contribution of hypnosis to the alleged iatrogenic cre-
ation of MPD in appropriately controlled research.
39. Id.
40. Id., p. 256.
41. Id., pp. 251, 259.
42. E.L. Bliss, Multiple Personality, Allied Disorders, and Hypnosis.
New York: Oxford, 1986.
43. Elzinga et al., cited in Lilienfeld et al., infra note 210.
45. D. deS. Price, Little Science, Big Science. New York: Columbia
University Press, 1963.
46. P.F. Dell, "Professional Skepticism About Multiple Personality,"
J. Nerv. & Ment. Dis., 176:528-531, 1988.
47. Id., p. 528.
48. Id., p. 529.
102. Id.
103. Id., p. 368.
104. Id.
105. Id., p. 372.
106. For a more detailed discussion of Spanos's interpretation of
role enactments as multiple personality, see N.P. Spanos, Multiple
Identities & False Memories: A Sociocognitive Perspective.
Washington, DC: American Psychological Association, 1996.
107. N.P. Spanos, J.R. Weekes, E. Menary, and L.D. Bertrand, "Hypnotic
Interview and Age Regression Procedures in the Elicitation of
Multiple Personality Symptoms: A Simulation Study," Psychiat.,
49:298-311, 1986, p. 299.
134. Gleaves, supra note 129; R.J. Loewenstein, "An office mental status
examination for complex chronic dissociative symptoms and multiple
personality disorder," Psychiat. Clin. N. Amer., 14:567-604, 1991.
136. Id.
137. Id.,p. 44.
138. Spanos et al., supra note 91, p. 367.
167. Id.
168. M.A. Simson, "Multiple Personality Disorder," Brit. J. Psychiat.,
155:565, 1989, p. 565.
169. Id.
170. The three naturalistic outcome studies on dissociative identity
disorder include: P.M. Coons, "Treatment Progress in 20 Patients
with Multiple Personality Disorder," J. Nerv. & Ment. Dis., 174:715-
721, 1986; R.P. Kluft, "reatment of Multiple Personality Disorder:
A Study of 33 Cases," Psychiat. Clin. N. Amer., 7:9-29, 1984; J.W.
Ellason & C.A. Ross, "Two-Year Follow-Up of Inpatients with
Dissociative Identity Disorder," Am. J. Psychiat., 154:832-839,
1997.
213. Id.,p. 9.
214. Id., p. 5.
215. Id.,p. 3.