The insurance defense industry is at it again, this time using a controversial psychology test called the Fake Bad Scale to provide evidence that plaintiffs are lying about their injuries. However, psychologists and others believe the Fake Bad Scale identifies too many real victims as malingerers, people who exaggerate their symptoms to win judgments in court, according to the Wall Street Journal Law Blog. “Virtually everyone is a malingerer according to this scale,” says retired University of Minnesota psychologist James Butcher who has published research faulting the Fake Bad Scale. “This is great for insurance companies, but not great for people.”

This is just another example of those in the insurance defense industry trying to manipulate the legal system in their favor when they cannot win on a level playing field. Other efforts over the years include attempting to change the laws in favor of the defense or to provide complete immunity and becoming involved in judicial races by supporting candidates who are preferential to their cause.

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