post-traumatic stress disorder having been established to Bavistock’s satisfaction, he moved on. ‘So, in the definition you prefer, Dr Ainsley, the symptoms include flashbacks, panic attacks, depression, guilt, chronic anxiety, insomnia, mood swings, phobias, lack of concentration, stress avoidance. Would you expect to find all of these symptoms in every case?’
‘No. But I would expect to find a good number of them, particularly flashbacks, mood swings and stress avoidance strategies. They’re central to any diagnosis of PTSD.’
‘Would it be true to say that the more symptoms present, the more confident you would be of your diagnosis?’
‘No. The nature and severity of the main symptoms would be the most important consideration.’
‘Now, Dr Ainsley, could you tell us how it was that Mr Deacon came to consult you in the first instance?’
It had always been unrealistic to hope that this issue wouldn’t be explored in open court. Hugh’s error, so easily made at the time, so obviously wrong in retrospect, was already there in the evidence bundle for all parties to see. It would be an inept defence that didn’t bring it more fully to the judge’sattention. The only question now was how much salt Bavistock would rub into the wound.
Ainsley replied, ‘I got a letter from Tom Deacon’s solicitors, asking if I would give an opinion as to his condition.’
Tom whispered fretfully in Hugh’s ear, ‘What’s this got to do with anything?’
Non-essential conversation was discouraged in court and Hugh automatically glanced at the judge before scribbling, My error in original letter . Tom read it and shrugged before crossing his arms tightly across his chest.
Bavistock was saying, ‘Didn’t they go further than that? Didn’t Messrs Dimmock Marsh say in their letter, I quote, “We fear Mr Deacon is suffering from an acute post-traumatic stress disorder and would be grateful for an opinion”?’
‘You may be right – it’s four years ago now.’
‘If I could refer you to page thirteen in the evidence bundle, perhaps you would like to refresh your memory.’
Hugh didn’t need to look at his copy of the letter to see it clearly in his mind, complete with offending phrase and his signature at the bottom.
When Ainsley had read the letter, Bavistock said, ‘So having received this letter you were in no doubt as to the diagnosis they wanted?’
Desmond got to his feet. ‘My Lord, could it be noted that the letter also asked Dr Ainsley for advice on treatment and rehabilitation?’
The judge nodded. ‘It is noted, Mr Riley.’
It was a loyal effort on Desmond’s part, but there was no escaping the basic mistake. Bavistock hammered it home. ‘It was clear what they were hoping for in the way of a diagnosis?’
‘Given the nature of Mr Deacon’s experience, such a diagnosis would always be a possibility. That said, I would never be influenced by what people were hoping for,’ Ainsley said with a puff of self-importance, ‘only by what I find.’
‘Indeed,’ Bavistock said with a fleeting mechanical smile.‘But of course post-traumatic stress disorder is actionable under the law, while a grief reaction, however intense, is not. When the patient is aware that grief alone won’t be sufficient to win him compensation, that only PTSD will do, could that not influence him, consciously or subconsciously, into emphasising certain symptoms that would improve his chances of getting the more advantageous diagnosis?’
Ainsley paused before saying with obvious reluctance, ‘In theory it’s possible, yes. But I don’t believe that happened in this case.’
At Hugh’s side Tom was rubbing his forehead in harsh repetitive movements, the tension radiating from him like a heat.
‘And is it also possible that a patient who has learnt about the symptoms of PTSD might persuade himself he has new symptoms that weren’t there before?’
‘Again, it might be possible in theory. But in my opinion it