THE DIAGNOSTIC ERROR OF ADHD AND MARRIAGE DISABILITY, ANALYSIS IN TWO RECENT JUDGMENTS

Abstract

The absence of detection of ADHD in the canonical forensic setting is very noticeable. Even doctrinal and jurisprudential treatment is very insignificant. However, despite the concurrence with other disorders, it is important to know this mental disorder and to address it in the canonical field. This practical relevance is pointed out in both judgment decisions analyzed and it could makea difference  between an affirmative or negative decision, as it is shown. In the commentary on both sentences, we study a factor that is fundamental in this absence of diagnosis, which is the phenomenon of the concurrence of ADHD with other disorders and syndromes (comorbidity). Associated with this phenomenon of comorbidity also occurs the consequence of diagnostic error. This misdiagnosis means that there is a tendency to detect only the most well-known associated psychic causes (which we study). However, the detection of ADHD can be essential in some cases to differentiate a lack of will regarding a true incapacity of canon 1095.3.