A subset of traumatic brain injury (TBI) cases involves “mild” injuries which are often termed mild traumatic brain injury (MTBI) or concussion. As is well documented in medicolegal literature, many of these cases are litigated. The forensic neuropsychological evaluation, often referred to as an independent neuropsychological evaluation (e.g., INE) are valuable in cases of MTBI.
Traumatic brain injury (TBI) constitutes a major medical problem despite its high visibility and changes in state law (e.g., seat belts, speed limits, blood alcohol levels). Millions of individuals sustain TBI’s annually throughout the United States. Fortunately, the vast majority of these individuals are considered “mild” and symptoms often improve spontaneously within the first few weeks or months post-injury. Despite this, many individuals who were diagnosed with a MTBI or possible misdiagnosed find themselves involved in some form of litigation (e.g., personal injury). These individuals might be “labeled” neurotic or even as a malingerer or symptom exaggerator. The latter concerns (e.g., malingering, symptoms exaggeration) and patient effort (e.g., response bias) must always be considered and be part of a formal evaluation especially in litigated cases. It is in these cases where a well-trained and competent neuropsychologist might prove beneficial in rendering an expert opinion regarding the consequences of such injuries and subsequent claims.
An individual’s ability to be successful in activities of daily living (ADL), is vitally important during personal injury litigation. Plaintiff and defense attorneys undoubtedly are interested in determining how an individual is functioning post-injury. Plaintiff and defense attorneys have different roles and view assessment outcomes according to their client representation (e.g., maximize deficits; minimize deficits). The neuropsychologist will assist the attorney, referral sources, and the trier of fact in answering specific questions related to an individual’s pre and post trauma status (e.g., level of functioning). Neuropsychological test results provide information to assist in childhood, adult, and geriatric neurocognitive and behavioral conditions, particularly when neurologic, radiologic, and laboratory data are inconclusive (e.g., MTBI, post-concussive syndrome). A neuropsychological evaluation also establishes an objective baseline of function, which can be later compared with re-assessment results, that is invaluable in determining the course of cerebral dysfunction. The contribution of a patient’s personality and mood to his or her symptoms is also estimated via formal assessment. Neuropsychological test data also help predict a patient’s short and long-term prognosis which is important during litigation.
A comprehensive neuropsychological evaluation (INE) is not limited to formal testing. The neuropsychologist also interviews the patient and others (e.g., spouse, family member, friend) to obtain collateral information, assess the patient’s behavior throughout the interview and testing phases, document all findings, and if the test results are deemed valid, render an opinion with a reasonable degreed of neuropsychological certainty. An INE does not afford the usual degree of confidentiality inherent in clinical evaluations and a doctor-patient relationship is not established.
Overall, neuropsychological evaluation (e.g., INE) of individuals with suspected or documented MTBI is of the utmost important in both clinical and forensic settings. Moreover, in legal proceedings, the neuropsychologist as expert will assist both plaintiff and defense attorneys, as well as the trier of fact, in understanding neuropsychological evidence.
For additional information or to schedule a consultation, please contact our office at 732-988-3441.
Michael J. Raymond, Ph.D., ABN, FACPN
Board Certified Neuropsychologist #232
|Licensed Psychologist #35S100252900