Litigation Neurosis: Pathological Responses or Rational Subversion?

Disability Studies Quarterly, Vol. 26, No. 1, Winter 2006

11 Pages Posted: 17 Jun 2010  

Fiona Kumari Campbell

School of Education & Social Work; University of Kelaniya

Date Written: 5

Abstract

Medico-legal literature frequently refers to instances where people with disabilities in the process of undertaking injury related civil litigation acquire what has been rather crudely referred to as 'litigation neurosis'. Proponents of this pathology argue that the quest for compensation generates malingering. Litigants might remain ‘sick’ because of the ‘rewards’ they are given or are likely to obtain by remaining hyper-disabled by the compensation system. This article discusses the meanings given to such responses and suggests that an alternative reading of 'litigation neurosis’: as a highly rational act of resistance towards a system that views disablement in a reductionist way, a system that reinforces the notion of disability as personal tragedy. As part of negotiating welfare and legal systems that enumerate disability in terms of deficiency and pathology, tacit knowledges about responses to the government of disability, reveal that disabled people are highly skilled in ‘recripping’ or ‘decripping' themselves to satify eligibility criteria as well as the expected performances of ableism.  

Keywords: Legal discourse, compensation neurosis, disabled identities, biomedicalism, injury management, disability resistance

Suggested Citation

Campbell, Fiona Kumari, Litigation Neurosis: Pathological Responses or Rational Subversion? (5). Disability Studies Quarterly, Vol. 26, No. 1, Winter 2006. Available at SSRN: https://ssrn.com/abstract=1625650

Fiona Kumari Campbell (Contact Author)

School of Education & Social Work ( email )

Dundee, Scotland DD1 4HN
United Kingdom

University of Kelaniya ( email )

Kelaniya
Sri Lanka
Kelaniya, Western 11600
Sri Lanka

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